Calcutta High Court's Recent Directive: Response Sought from West Bengal Government and BJP's Suvendu Adhikari in Communal Enmity PIL
The Calcutta High Court has taken a significant step in the ongoing case involving Bharatiya Janata Party (BJP) leader Suvendu Adhikari. In response to a Public Interest Litigation (PIL) petition filed by Suman Singh against the State of West Bengal, the court has demanded that both the state government and Suvendu Adhikari submit their responses. The PIL seeks the registration of a criminal case against Adhikari, alleging his involvement in creating communal discord.
Presided over by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, a division bench of the High Court has set a timeline of five weeks for the respondents to provide their replies. The court emphasized its focus on determining whether the case is indeed rooted in public interest or driven by political motives. The judges underlined their concern for the cause at hand and clarified that their interest is solely in the matter's merits.
This legal saga has seen various turns. On July 20, an earlier bench of the Calcutta High Court instructed the West Bengal Police to treat the PIL as a formal complaint. Justices IP Mukerji and Biswaroop Chowdhury of that division bench had instructed a careful examination of whether Adhikari's actions fell under Section 153A of the Indian Penal Code, which pertains to promoting enmity between different groups. They had also ordered the registration of a First Information Report (FIR) against the BJP leader.
Importantly, this previous bench clarified that past orders by Justice Rajasekhar Mantha that had seemingly prohibited FIRs against Adhikari were being misinterpreted.
However, Adhikari sought recourse in the Supreme Court, challenging the division bench's ruling. On August 4, the Supreme Court overturned the division bench's decision, prompting the Chief Justice of the Calcutta High Court to reevaluate the case's nuances and decide whether the protection extended by Justice Mantha to Adhikari should persist.
In light of this progression, the matter underwent recent hearings, reflecting the evolving legal landscape surrounding the case.
TAGS: Calcutta High Court West Bengal government BJP leader Suvendu Adhikari PIL communal enmity response five weeks division bench Chief Justice TS Sivagnanam Justice Hiranmay Bhattacharyya public interest political interest Section 153A Indian Penal Code FIR Justices IP Mukerji Biswaroop Chowdhury Supreme Court protection Justice Rajasekhar Mantha legal saga formal complaint First Information Report.
