The Supreme Court on Monday declined to consider a plea by the West Bengal government against the Calcutta High Court's order protecting BJP leader Suvendu Adhikari from arrest in cases lodged after he joined the BJP from the ruling Trinamool Congress Party.
A bench of justices DY Chandrachud and AS Bopanna noted that the observation of the high court is in support of ad-interim stay in cases against the Leader of Opposition. Adhikari had defeated Chief Minister Mamata Banerjee in the Assembly polls.
“We are not inclined to use our special powers under Article 136 of the Constitution,” the bench said, clarifying that it would not opine on the merits of the case.
Senior advocate Kalyan Banerjee, the counsel for the West Bengal government, contended that the high court jumped to a conclusion by taking a prima facie view that Adhikari was being victimised by filing the criminal cases against him.
He said the blanket order was passed so that nothing could be done in future and the state government would have to get leave of the court before arresting him.
The counsel said the high court's order was required to be reasoned, and those reasons must be sustainable in law, which was not there in this matter.
Adhikari was allegedly accused of hooliganism, unlawful assembly, and also violating Covid-19 guidelines, amongst other things.
He approached the high court against abuse of the police machinery by registering six FIRs against him at four different police stations.
Senior advocate Harish Salve, appearing for Adhikari, pointed out that the hearing before a single-judge bench of the high court went for nearly a month and that it seemed uncharitable to say the judge after one month of hearing, the bench jumped to a conclusion, adding the cases were the result of regime revenge.
The top court allowed the state government to file a counter-affidavit before the high court and seek an expeditious hearing.
Watch the latest DH Videos here:
(Published 13 December 2021, 16:46 IST)
JOIN US