Calcutta High Court Temporarily Restrains WB Police From Probing Allegations Of Firearms & Cash Found At BJP Leader Suvendu Adhikari's Secy's Premises

The Calcutta High Court has restrained the West Bengal police from investigating complaints of firearms and large sums of cash allegedly found at the residence-cum-office of BJP leader of opposition Suvendu Adhikari, which was in the name of his personal secretary.

A single bench of Justice Amrita Sinha stayed the police's investigation till 17th June based on a coordinate bench's order which had directed that the state police would need to take leave of the court before taking coercive steps against Adhikari in connection with the present cases. The Court held that since elections were slated to be held tomorrow, the Police's investigation could be stayed till the reopening of court after the summer vacations.

Counsel for the petitioner argued that Adhikari was given protection by the High Court in the present matter and that in order to circumvent the order of the court, the police were targeting the property held by his personal secretary which the petitioner was using as his office and residence. It was stated that the petitioner was being targetted in order to influence the ongoing Lok Sabha Elections.

It was stated that the police had planted the money and firearms which had been recovered and that instead of informing the flying squad put in place by the Election Commission during the ongoing imposition of the Model Code of Conduct, the police itself barged into the petitioner's premises illegally and without any authority. 

Counsel for the state submitted that the order for no coercive action was granted only against Suvendu Adhikari and not his aides. It was stated that the premises in question were not in Adhikari's name, and he was not involved as an accused or witness in the present case and thus could not approach the court through such a writ petition.

It was argued that having no locus standi, Adhikari could not seek direction that a property belonging to his secretary could not be raided by the police.

However, upon hearing the arguments, the Court stated that since the elections were ongoing and the court was scheduled to embark on vacations, "heavens would not fall" if the investigation was stayed for some time.

Accordingly, the investigation was stayed till 17th June 2024, and the matter was listed before the regular bench on 10th June. 

Case No: WPA/14798/2024

Case: SUVENDU ADHIKARI VS STATE OF WEST BENGAL AND ORS.