Calcutta High Court Quashes 15 FIRs Against BJP Leader Suvendu Adhikari, Lifts Bar On Fresh Cases

The Calcutta High Court recently quashed 15 FIRs lodged against BJP leader Suvendu Adhikari. The court also vacated an interim order which had barred the institution of fresh cases against Adhikari without the leave of the court. This decision comes only months before the West Bengal Legislative Assembly polls to be held in 2026.In these FIRs, the Court found that there were either no specific allegations against Adhikari or that the alleged offences were not made out against him on a prima facie reading of the case diary.Justice Jay Sengupta passed the aforesaid directions in a detailed 169-page order. The Court also lifted the December 2022 interim order of Justice Rajasekhar Mantha that had restrained the State from registering further FIRs against Adhikari without the Court's leave, holding that the embargo could not continue once the final judgment had been delivered.The bench, however, noted the fact that not a single criminal case was registered against Adhikari during his tenure with the TMC, observing that the recent spur of FIRs post-defection raised questions. “It will be open to speculation as to whether the State police had been deliberately ignoring any earlier crimes, or is it a fact that the petitioner had been falsely implicated… for shifting political allegiance,” the court said.The court also pulled up the state for its "cavalier" stand in not pressing several FIRs where there were multiple accused, besides Adhikari, during the hearing. It said: “A criminal case is a very serious thing… it is very strange indeed that the State… could take such a cavalier stand… If this was the stand of the State, they might have very well brought an end to the proceedings themselves at an earlier stage.”The court then dealt with each of the 15 FIRs individually and dismissed all of them.The Court also ordered the formation of a Special Investigation Team (SIT) comprising officers of the CBI and West Bengal Police to conclude investigations against the rest of the accused in the remaining cases.In quashing the cases against Adhikari, the court held that political speeches, including those referring to community interests or urging community consolidation, do not per se attract criminality or the ingredients of offences under Section 153A IPC.It was also held that Adhikari cannot be made vicariously liable for acts allegedly committed by others merely because of his political position.Case: Suvendu Adhikari Vs The State of West Bengal &Ors.Case No: CRR 2703 of 2022Click here to read order

Calcutta High Court Quashes 15 FIRs Against BJP Leader Suvendu Adhikari, Lifts Bar On Fresh Cases

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Calcutta High Court Quashes 15 FIRs Against BJP Leader Suvendu Adhikari, Lifts Bar On Fresh Cases

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers