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SC directs Cal HC to hear PIL against Suvendu Adhikari; sets aside order for FIR
Senior lawyer Jaideep Gupta told the SC that Suvendu Adhikari was “the only man in this country who is beyond the pale of criminal law” due to two orders of the high court
NEW DELHI: The Supreme Court on Friday set aside the Calcutta high court’s order allowing registration of a criminal case against Bharatiya Janata Party (BJP) leader Suvendu Adhikari over an alleged hate speech and asked the high coutt’s chief justice to hear the matter afresh without being influenced by past orders granting a blanket stay on registration of FIRs against Leader of Opposition in the West Bengal assembly.
The bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud set aside the July 20 order passed by the high court’s two-judge bench without giving Adhikari time to file his response.
“It was appropriate for the high court to grant the petitioner opportunity to file counter affidavit before issuing interim directions,” the top court’s bench, also comprising justices JB Pardiwala and Manoj Misra said.
The high court order came on a public interest litigation (PIL) filed by one Suman Singh who accused Adhikari of making hate speeches in the recent panchayat elections, complaining that the BJP leader was going unpunished as police was deterred from registering any FIR against the BJP leader in view of two separate orders of the high court issued on September 6, 2021 and December 8, 2022.
The July 20 order of justices IP Mukerji and Biswaroop Chowdhury directed the police to treat the PIL as a complaint and allowed the police to proceed with registration of FIR if the facts narrated in the petition make out commission of an offence of hate speech punishable under Section 153A of the Indian Penal Code (IPC).
The court, however, barred the police from arresting Adhikari without its specific approval. “Arrest of the respondent no. 3 (Adhikari) or any other coercive action against him can only be made in terms of the report only if leave is granted by this court.” The police was directed to submit a report of its investigation by August 7.
In its order on Friday, the three-judge bench saidL “We request the chief justice of the high court to hear the petition afresh and to facilitate this, the order of July 20 shall stand set aside.” Allowing the chief justice to decide on the merits and maintainability of the PIL listed on Monday, the top court said: “The HC while hearing the petition shall not be trammeled by the order of September 6, 2021 and December 8, 2022 passed by the single judge and consider if any prayer in the PIL can be granted.”
Advocate Astha Sharma appearing for the West Bengal police informed the CJI-headed bench that the FIR has been registered and in compliance of the HC order, a report will be filed in high court on Monday.
Adhikari was represented by senior advocate PS Patwalia who pointed out that the matter was to originally come up before the chief justice bench but since he was not available that day, the matter went to another bench.
Without expressing any opinion on the manner in which the HC passed the order under challenge, the top court said, “It is suffice to note that the interim order of July 20 has been passed without the petitioner, who is impleaded in the PIL as respondent, being furnished an opportunity to file reply”.
Patwalia said that the two orders staying registration of FIRs against him came to be passed as frivolous cases were getting filed against him by the state acting out of political vendetta. “These petitions such as the present PIL petitioner have been propped up by the state. This is state speaking through these individuals,” Adhikari’s lawyer said.
The PIL petitioner in the high court was represented by senior advocate Jaideep Gupta before the top court. Gupta pointed out that on December 15 last year, this Supreme Court considered an appeal challenging the blanket stay order of December 8 in favour of Adhikari and refused to interfere while directing that the matter in which the order was passed by decided at the earliest. He told the court that eight months have since elapsed and the matter has not been decided.
Gupta said, “He (Adhikari) is the only man in this country who is beyond the pale of criminal law and continues to roam free going on making hate speeches.” Even the top court observed, “We will ask the CJ to hear this matter again and decide if earlier two orders should continue. Eight months have gone by since our order of December 15 and things are merrily going on over there.”
In his petition before the top court, Adhikari said, “The state has already lodged 26 FIRs against me since I became a member of legislative assembly (MLA) from BJP in 2021.... The order (of July 20) can have serious ramifications at this stage, potentially leading to registration of additional FIRs against the petitioner. The police machinery in West Bengal is in collusion with the current ruling party, constantly attempting to foist cases against the petitioner.”
