TMC MP Abhishek Banerjee, WB Minister Move Tripura High Court Seeking Quashing Of FIR In Khowai PS Incident

They have been booked for obstructing police officers from performing their duties on August 8, said Kiran Kumar, the Superintendent of Police (SP) in Khowai district.

"We booked them on August 10 under Section 186 (obstruction of public servants in the discharge of his public function) and 36 (common intention) of the IPC. The FIR pertains to their entry into the Khowai police station," the SP had stated.

The plea has been moved by Advocate Narasingha Das and the plea is likely to be heard on August 18.

The case against the petitioners

As per the prosecution's case, on August 8, 2021, some AITMC leader arrested for the offence U/S 188 IPC & Section 3 of Epidemic Disease Act, 1887 were to be taken to the Court at Khowai from Khowai PS.

Allegedly, after getting information of their arrest, a group of TMC leaders (petitioners before the Court) reached the police stations and all of them started talking to Rajib Sutradhar SDPO, Khowai about the arrest of their leaders.

Allegedly, they all demanded the release of the arrested persons from PS and to change Sections of law registered in the FIR drawn against accused persons.

Thereafter, the FIR claims, the petitioner and other leaders of TMC misbehaved with Addl. SP & SDPO Khowai shouting in his chamber that the Police personnel are the broker (Dalal) of the BJP Party.

They did not allow them to take the arrested leaders with them as they forcibly kept the arrested person in PS from 1300 Hrs to 1430 Hrs.

Lastly, it has been alleged that due to obstruction made by them for more than one Hour in Police Duty & due to their obstruction, the police could not produce the arrested accused persons before the Court.

The submissions made by the Petitioners

Stating that the Contents of the FIR are completely false, fabricated and after-thought, their pela states that the FIR had been registered 48 hours of the release of the accused persons on bail by the Ld. Court and after the petitioner and others left the Police Station and proceeded towards the Ld. Court and thereafter to Agartala.

It has also been stated that the Leaders of the TMC as well as the Minister and MP went to the Khowai Police Station and had only enquired from the Police with regard to the grounds of the arrest of the accused persons of since a false case had been registered at Teliamura P against the accused persons.

It has been further submitted that three of the accused persons were mercilessly assaulted by the BJP miscreants and they were neither provided with any medical aid nor given any drinking water.

"As such the petitioner and other leaders of Trinamool Congress Party were extremely worried about their physical condition and injuries sustained and therefore wanted to know from the officer in charge of Khowai Police Station as to their exact condition and why they had been detained illegally which is well within the rights of every if citizen…this cannot be termed as obstruction to justice and as such the said FIR is liable to be quashed and set aside" submits their plea.

Lastly, the plea seeks the quashing of FIR and prays for a stay on the criminal proceedings in the case.