New Delhi: The Supreme Court on Monday dismissed a petition by the West Bengal government against the order of a division bench of the Calcutta High Court, which dismissed its single bench order staying criminal proceedings against BJP MLA Suvendu Adhikari. went.
The top court said the order of the single bench of the high court has already been challenged before it (Supreme Court) and it considered it on merits and passed an order on December 13 last year.
A bench of Justices DY Chandrachud and AS Bopanna told senior advocate Maneka Guruswamy, appearing for the West Bengal government, that when everything was argued before the Supreme Court here, there was no question of filing a letter patent appeal before a Calcutta division bench. Where from. High Court.
“We heard the appeal against the order of a single judge bench of the Calcutta High Court on September 6 last year and disposed of the matter. Now, we cannot go on the same issue over and over again. Sorry, we don’t entertain it. can,” the bench said.
Ms. Guruswamy said that on December 13 last year, the apex court had not expressed any opinion on the merits.
She said that a similar matter is pending before the apex court and hence, the court can issue notice and tag it with that case.
The bench said that the West Bengal government is already before the court in that matter and hence it would not like to tag the matter.
On September 6 last year, a single bench of the Calcutta High Court had granted interim relief to the officer against summons issued by the Crime Investigation Department (CID) of the state police in connection with the investigation into the death of his bodyguard.
On December 13 last year, the apex court had refused to interfere with the September 6 High Court order, which had restrained the police from taking any coercive action against the officer in criminal cases related to the unnatural death of his bodyguard. .
The CID had asked the officer to appear before him in connection with its probe into the murder case registered by the guard’s widow in 2021, but the BJP MLA appeared before the high court challenging the FIR against him in several cases. Absent citing pending petitions, and political affiliations.
The proceedings against the officer were stayed by a single judge high court bench in connection with three cases related to the death of a bodyguard in an alleged political clash in Nandigram and another criminal case of snatching registered in Contai.
While allowing investigation into an alleged job scam case registered at Maniktala police station in Kolkata and a case of alleged threat to police in Tamluk, the court had directed that no coercive action should be taken against him in respect of these cases. can be done.
He is not a named accused in the cases registered at Contai and Maniktala police stations.
While directing the State Government to inform about any further FIRs lodged against Mr. Adhikari, the bench had directed that the State shall ask the court to arrest him or take any coercive action against him in all such cases. Permission has to be taken.
The High Court had asked the BJP leader to co-operate with the investigating authorities in respect of the two cases in which the investigation would continue, while making it clear that the investigators would, as far as possible, accommodate them, if they were to make any statements. There is a need to deliver, at a place and time convenient to them, in view of their public responsibilities.
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