Calcutta HC Allows State To File Application Praying For Leave To File FIR Against Suvendu Adhikari, Grants One Week's Time

Passing the order, a single bench of Justice Jay Sengupta said:

"It appears that no document or material has been placed before this Court by the State by way of formal application to seek leave to file such FIR. This way the present petitioner would also be deprived of getting an opportunity to deny the averments and allegations by using an affidavit. Therefore, the State is granted liberty to file a formal application praying for leave to file an FIR. Let the same be filed within a week from this date."

The Court was hearing an appeal filed by the State, against an order passed by the single bench of Justice Rajasekhar Mantha on December 8, staying the FIRs filed against Adhikari and directing the State Police not to register any fresh FIRs against the petitioner without leave of the Calcutta High Court.

In the meantime, however, certain deaths occurred in Asansol on December 14 during the course of an event where blankets were being distributed. The State Police wanted to file an FIR against Adhikari, however, since the single bench which passed the earlier order was away holding the Circuit Bench at Port Blair, the State filed an application before the Supreme Court.

The Supreme Court, in an order passed on Thursday, referred the matter back to the High Court with a direction that the petitioner had the remedy of moving the Chief Justice of the Calcutta High Court for appropriate administrative direction, if the Single Bench which passed the order was not available for work at Kolkata.

On grounds of urgency, therefore, the matter was heard by Justice Sengupta on Friday.

Before the single bench on Friday, the State submitted that it had received complaints against Adhikari over deaths in the stampeded. Therefore, it prayed for leave to register an FIR against him for such deaths caused due to gross negligence.

Adhikari, on the other hand, submitted that he had no role to play in the incident that had happened at Asansol and that he was merely a guest in the meeting and left the place of occurrence hours before the incident took place.

The Court has now granted one week's time to the State to file a formal application. The Court added that, "opposition to the formal application, if any, shall be filed within a week thereafter. Reply, if any, shall be filed within a week therefrom."

Commenting on the urgency involved in the matter, the Court said:

"So, far as the degree of exigency is concerned, it has been informed by the State that UD case/s have been started in relation to the deaths, inquests have been done and post-mortem examinations have been conducted. A preliminary enquiry is also on. Thus, the question of evidence getting lost does not arise."

The matter is listed for hearing before the regular Bench on January 10.

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

Citation: WPA 25522 of 2022 with WPA 11803 of 2021

Coram: Justice Jay Sengupta

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