Supreme Court Asks TMC Minister Birbaha Hansda To Approach HC For Permission To Register FIR Against Suvendu Adhikari

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain the petition filed by TMC minister Birbaha Hansda against the Calcutta High Court order barring the registration of FIRs against Nandigram BJP MLA Suvendu Adhikari without its prior permission. Hansda, a tribal leader, had filed a complaint against Adhikari under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 over his alleged remarks against her. While the Supreme Court did not intervene, it gave Hansda the liberty to move the Calcutta High Court to be heard in the pending proceedings before it. 

Earlier, Calcutta High Court had stayed over 17 FIRs registered against Adhikari and passed an order restraining the State from registering fresh FIRs against him. The High Court had ordered that the State police would not register any FIRs against Adhikari without the leave of the High Court. Post this, the State of West Bengal had approached the Supreme Court seeking liberty for the registration of an FIR against Adhikari in relation to a stampede at a blanket distribution event in Bengal's West Burdwan district. However, the Supreme Court bench led by CJI Chandrachud had refused to entertain the petition by stating that the State had the option of moving to the Chief Justice of Calcutta High Court to alter the blanket stay. Later, the Calcutta High Court passed an order granting liberty to the State to move a formal application praying for leave to file an FIR against Adhikari.

In today's proceedings, Senior Advocate PS Patwalia, appearing for Adhikari, submitted–

"Everyday new FIRs are being registered. Earlier it was about causing some deaths and that judge was in Port Blair. This order is not out of blue. He has not mentioned anywhere that he is a member of the legislative assembly and the cabinet minister in the TMC. He should have mentioned this in the complaint. This is completely political."

CJI DY Chandrachud stated–

"The High Court of Calcutta is hearing this plea and the next date of listing is 10th January. Hence the petitioner will be at liberty to move the High Court to be heard in the pending proceedings. We permit the petitioner to pursue the matter."

CASE TITLE: Birbaha Hansda v. Suvendhu Adhikari Diary No. 40752/2022