Suvendu Adhikari moves Supreme Court against Calcutta High Court nod for FIR over 'provocative' remarks

Bharatiya Janata Party (BJP) leader and West Bengal Leader of Opposition Suvendu Adhikari has moved the Supreme Court against a Calcutta High Court order that paved the way for the registration of a criminal complaint against him for allegedly promoting enmity in his panchayat election speeches..The matter was mentioned today before a bench of Justice Sanjay Kishan Kaul and Sudhanshu Dhulia for urgent listing by Adhikari's counsel, advocate Bansuri Swaraj.The bench informed that the matter would be listed on August 4."It will be listed on August 4," Justice Kaul said. "He is in a precarious situation," replied advocate Swaraj. "It will be listed," Justice Kaul assured, in turn. .In a July 20 order, the Calcutta High Court had directed the West Bengal Police to consider a public interest litigation (PIL) petition before the Court as a complaint.A division bench of Justices IP Mukerji and Biswaroop Chowdhury had asked the police to examine if any case under Section 153A (promoting enmity between different groups) of the Indian Penal Code was made out against Adhikari, and to register a first information report (FIR) against the BJP leader. Pertinently, that bench had observed that earlier orders passed by Justice Rajasekhar Mantha restraining filing of FIRs against Adhikari were being misread."Article 361 of our Constitution grants immunity only to the President of India and the Governor of a State from criminal prosecution. Section 41(d) of the Specific Relief Act, 1963 says that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter ... The said orders are not to be interpreted as preventing registration of any criminal complaint or first information report against the said respondent (Adhikari) for any subsequent event, act, transaction or facts," the High Court had said..This led the BJP leader to move the Supreme Court with an appeal, filed through advocate Siddhesh Shirish Kotwal..In his plea, Adhikari stressed that since his election win on a BJP ticket, he has faced a barrage of criminal cases based on false complaints. The interim High Court order under challenge was passed without hearing him or letting him file a reply, he contended."It is also imperative to mention that the interim relief granted by way of the impugned order, is actually the main prayer ... at this stage (it) can have serious ramifications and result into registration of various other FIRs against the Petitioner," stated his plea.Adhikari has, therefore, also sought an ex-parte ad-interim stay of the High Court's order..Supreme Court dismisses West Bengal government appeal against NIA probe into Ram Navami violence