"Uncanny Timing Of The FIRs": Calcutta HC Stays Arrest Of TMC Turncoat In 13 FIRs Registered Against Him After State Assembly Poll Results

Noting that the uncanny timing of the FIRs cannot be lightly brushed aside, the Calcutta High Court on Friday restrained the West Bengal Police from arresting a BJP Leader, who was earlier with TMC, in connection with 13 FIRs registered against him within a span of 30 days just after the announcement of West Bengal State Assembly results. 

Calling for the particulars of all other FIRs against the petitioner, Dhyanesh Narayan Guha, the Bench of Justice Rajasekhar Mantha remarked:

"One also cannot brush aside the argument that the change of political color by the petitioner is the ulterior reason behind the number of complaints being filed against the petitioner albeit by different persons"

The matter in brief

By way of filing a writ petition, TMC turncoat Guha averred that between 14th May, 2021 and 18th June, 2021 13 FIRs had been registered against the petitioner based on complaints received from 13 different persons.

He also submitted that all but one of the FIRs relate to incidents that occurred after 2nd May, 2021. The other FIR is of incidents that took place in the year 2020.

Significantly, he argued that the complaints were filed and the FIRs were registered post 2nd May, 2021 (the day when WB State Assembly results were declared) only because the petitioner had moved from one political party to another and that the complaints are a result of a vendetta of the complainants who belong to a rival party.

Lastly, he urged the Court to transfer the petition from state police to the CBI, and alternately, the said 13 FIRs be quashed and therefore, at the instant stagfe, he sought interim order staying any investigation under the said FIRs.

Court's observations

At the outset, the Court said that as to whether the investigation should be transferred to the CBI from the State might, in fact, be a premature exercise, however, the Court called it a very rare and exceptional instance noting that 13 complaints have been filed immediately after the declaration of results in the recent assembly elections.

"The uncanny timing of the FIRs cannot be lightly brushed aside and are enough for this Court to consider passing interim order," added the Court.

Significantly, the Court further remarked:

"This Court definitely sees extraordinary circumstances in 13 successive complaints having been filed before one police station against the writ petitioner in a span of 30 days. Mala fide FIRs would normally attract the jurisdiction of the Court under the Code of Criminal Procedure but 13 successive FIRs would bring into focus, likely and violation of Article 21 of the Constitution"

In such a situation, the Court added, the Court's power under Article 226 of the Constitution of India must and should be exercised to come to the aid of a citizen whose personal liberty is at threat.

Therefore, the Court directed the Gaighata Police Station not to arrest the writ petitioner without the leave of this court and the State was asked to file affidavit-in-opposition to the writ application within a period of two weeks. The matter has been posted for further hearing on July 26, 2021.

Case title - Dhyanesh Narayan Guha -Vs- The State of West Bengal & Ors.

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