'Not Maintainable': Calcutta HC Refuses To Interfere With Single Bench Order That Stayed Criminal Proceedings Against BJP MLA Suvendu Adhikari

The Calcutta High Court on Wednesday refused to interfere with an order of a Single Bench of the High Court dated September 6, 2021 wherein criminal proceedings initiated against BJP MLA and Leader of the Opposition in West Bengal Assembly Suvendu Adhikari had been stayed. Justice Rajasekhar Mantha had issued a stay order on proceedings initiated against Adhikari in respect of cases registered at Contai police station and the Nandigram police station on March 18, 2021.

Against this order, the State of West Bengal had filed a batch of intra-Court appeals before a Bench comprising Justices Subrata Talukdar and Kesang Doma Bhutia. The Bench observed on Wednesday,

"This batch of analogous intra-Court appeals are held to be not maintainable"

The Court further ruled that the Letters Patent of the High Court at Calcutta act as a bar to filing an intra-Court appeal.

In the impugned order dated September 6, 2021, Justice Mantha had observed,

"There shall be a stay of proceedings in respect of the Contai Police Station Case No. 248 of 2021 dated July 7, 2021 and the Nandigram Police Station Case No. 110 of 2021 dated March 18, 2021. The investigation into the other two Police Station cases i.e. Manicktala Police Station Case No. 28 of 2021 dated February 27, 2021 and Tamluk Police Station Case No. 595 of 2021 dated July 19, 2021, the investigation may go on but no coercive action shall be taken against the petitioner. The petitioner shall cooperate in the investigations. Panskura Police Station Case No. 375 of 2021 and 376 of 2021 shall also remain stayed."

Justice Mantha had also directed that the State must take the Court's leave before initiating any coercive action against Adhikari.

In the original plea moved by Adhikari before the Single Bench, Adhikari had prayed for 'protection from the vexatious criminal proceedings'  launched against him by the ruling party. Accordingly, he had sought a transfer of investigation into the FIRs registered against him to the Central Bureau of Investigation (CBI) after contending that he had lost faith in the impartiality of State machinery. 

Observations

The Division Bench noted in its order that the Single Bench had prima facie been satisfied that  in the series of FIRs lodged against Adhikari, the State machinery had acted over-zealously and maliciously. Then the Bench proceeded to determine the maintainability of the instant intra-court appeals to address the contention raised by the State government. 

The Court noted that the primary reliefs granted by the Single Bench pertain to the exercise of criminal jurisdiction and that no intra Court appeals lie in this respect. Furthermore, it was observed that the alternate relief of transfer of investigation to the CBI has not been considered on merits at this stage by the Single Bench. 

The Bench further placed reliance on the Supreme Court judgment in Re: Ram Kishan Fauji v. State of Haryana and another wherein the Apex Court had held that appeals of the present nature cannot be filed within the same Court before a  Division Bench from the order of the Single Bench. 

"The ratio of In Re: Ram Kishan Fauji applies apropo the facts of this case", the Court recorded further. The Bench further clarified, 

"This Court has considered the demurrer on the touchstone of the nature of the jurisdiction exercised by the Hon'ble Single Bench and, not on the composition of the Hon'ble Single Bench sitting in Article 226 jurisdiction, by following the law laid down In Re: Ram Kishan Fauji."

Accordingly, the Bench disposed of the instant appeals after granting leave to the parties to seek relief before the appropriate judicial forum. 

Case Title: State of West Bengal v. Suvendu Adhikari and Ors

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