The Calcutta High Court on Thursday removed the shield for West Bengal’s Leader of Opposition Suvendu Adhikari that had barred FIRs being filed against him by police without prior court permission.
However, the division bench of Justices Indra Prasanna Mukerji and Biswaroop Chowdhury maintained that in case of any coercive action like arrest, the police will have to take permission from the court.
“Police can take action after examining the complaints filed and then file FIRs. However, the FIRs should not be filed just for the sake of harassment,” Justice Mukerji observed.
As per the order, in case of any complaint against Adhikari, the investigating police officials will examine the complaint and prepare a detailed report on it. That report will have to be forwarded to the office of the state director general of police and the latter will submit the report to the court. Adhikari can then be arrested only if the court gives permission for the same.
In December last year, the high court’s single- judge bench of Justice Rajasekhar Mantha stayed 26 FIRs filed against Adhikari by the state police. At that time Justice Mantha also ordered that the police will have to take prior permission of the court to file any fresh FIR against him.
However, recently. a public interest litigation was filed at in the court against the shield from FIR without prior court permission.
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