The Calcutta High Court on Tuesday stayed the police investigation against BJP leaders Kailash Vijayvargiya, Mukul Roy and two others in connection with a FIR over participation in a demonstration on October 7 which the State had deemed unlawful.
On the other hand, the Additional Public Prosecutor argued that this Court should not entertain the instant revisional application since there is a Special Bench constituted for the said purpose of proceedings against Members of the Legislative Assembly and Members of Parliament. He submitted that one of the petitioners is a Member of Parliament. He undertook to produce the relevant notification on the next date in support of his argument.
"This Court is of the prima facie view that matters are heard by a vacation bench of the High Court based on an allocation made by the Hon'ble Chief Justice or His designate. Such allocation is made irrespective and independent of normal and special determination allocated during regular Court function", observed the Single Judge.
However, the Single Bench allowed the State to produce the notification on November 26, ordering that "in the meantime, however, the investigation into the FIR dated 8/10/2020 shall remain stayed".