Calcutta High Court Stays FIR Against Former Judge & BJP Lok Sabha Candidate Abhijit Gangopadhyay; Cites SC Order In Arvind Kejriwal Case

The Calcutta High Court has extended interim relief to former judge and BJP Lok Sabha candidate Abhijit Gangopadhyay in an FIR registered against him for allegedly assaulting protesting teachers who had lost their jobs pursuant to a High Court order in West Bengal's Tamluk, while participating in a BJP rally.

Earlier, Gangopadhyay's plea was placed before Justice Jay Sengupta who recused from hearing it owing to his personal relations with the former judge. After reassignment by the Chief Justice, the plea was placed before Justice Tirthankar Ghosh.

In allowing interim relief to Gangopadhyay, the bench relied on the Supreme Court's recent order granting interim bail to Delhi Chief Minister Arvind Kejriwal, and stated:

Another fact which has weighed with this court, at this stage, is the observations of the Hon'ble Supreme Court, which was taken into account in the case of Arvind Kejriwal –vs.- Directorate of Enforcement [Special Leave Petition (Criminal) No. 5154 of 2024]. Paragraph 8 of the said judgment refers to one of the considerations for granting interim bail by the Hon'ble Supreme Court in the reported case.

In fact, the Hon'ble Supreme Court took into account general elections to Lok Sabha where there is participation of 650-700 million voters out of an electorate of about 970 million voters who would cast their votes to elect the Government of this country for the next five years. Petitioner no.1 is a contesting candidate from 30-Tamluk Parliamentary Constituency, I am of the opinion that so far as the petitioner no.1 is concerned, the observations of the Hon'ble Supreme Court in the case of Arvind Kejriwal (supra) squarely applies, the Court added.

Counsel for the petitioner stated that there were allegations against him in the FIR for abutment. It was argued that while the petitioner's name was among the accused, no role had been ascribed to him.

Advocate General for the State submitted that the contention made in the present writ petition itself admitted the occurrence of the incident and that no denial of the same had come from the petitioners.

It was stated that at the stage of registration of the FIR, the primary consideration of the police authorities is to check whether a cognizable offence has been made out or not and, at that stage, even an incorrect allegation may not be possible to be justified, which may be unearthed in due process or course of investigation at the subsequent stage. 

It was argued that since the incident had been admitted, it should be left to the investigating agency to collect evidence regarding the same. 

In perusing the facts, the Court looked at the recent Supreme Court judgment which granted interim bail to Delhi Chief Minister Arvind Kejriwal due to the ongoing Lok Sabha elections.

It stated that even the petitioner was a candidate from the Tamluk Lok Sabha constituency and that the SC's observations regarding the elections being a pivotal time for the public to choose their representatives freely would squarely apply in the present case.

Accordingly, the proceedings in the FIR were stayed till 14th June, and the state was directed to file its affidavit in opposition.

Case: Sri Abhijit Gangopadhyay & Anr.  -Versus- The State of West Bengal & Ors

Case No: WPA 13815 of 2024

Click here to read order