Kolkata, Sep 7 A Day after a single bench of Calcutta High Court passed an order saying that no coercive action can be taken against Leader of Opposition Suvendu Adhiakri and stayed three of the five cases against him, the state government on Tuesday moved the division bench challenging the order.
"The state government moved the division bench challenging the previous order where Suvendu Adhkari was given an interim relief. The state also challenged the previous order where a stay was given on three of the five cases," a senior lawyer of Calcutta High Court said.
The case is likely to be heard on Wednesday.
Earlier on Monday, the single bench of Justice Rajsekhar Mantha hearing the petition of Suvendu Adhikari directed the police and the CID that no coercive action can be taken against him without the permission of the court. The court also stayed the investigation proceedings of the death of his bodyguard Subhabrata Chakraborty. Chakraborty allegedly shot himself at Contai police station in 2018.
The Crime Investigation Department (CID) had on Sunday summoned Suvendu Adhikari for questioning in connection with a case related to the probe into the unnatural death of his personal security guard Subhabrata Chakraborty, who shot himself with his service revolver at a police barrack in 2018. Suvednu, however, didn't appear before CID.
The death of Chakraborty took a significant turn when, in July this year, after Adhikari switched camp and joined BJP, Suparna Chakraborty wife of Subhabrata Chakraborty lodged a complaint with Contai police station demanding a probe into her husband's death.
Taking a strong stance against the reopening of the case, Justice Mantha observed, "Why did she lodge a complaint three years after the death? Was she sleeping? And why suddenly claim it to be a murder and name Adhikari? The court is worried if it becomes an arrest only to harass". Along with this case the single bench also stayed the investigation related to Nandigram political clash and a gold chain snatching case in Panskura - both in East Midnapore.
However, the court allowed the cases pertaining to the threat to Superintendent of Police while disaster management action was in place and another case of job scam in Maniktala police station in Kolkata. The court also directed the police that keeping in mind Adhikari is the Leader of Opposition they will have to interrogate him at his convenience and at places where he thinks he is comfortable.
"This is a very important case and the statement of Suvednu Adhiakri is very important. So we had summoned him. We will challenge the single bench order and pray so that we can continue with the investigation," a senior government lawyer said.
State BJP President Dilp Ghosh said, "The state government is being pulled up by the court several times and is it time for them to realise that this is lowering the credibility of the government".
Trinamool Congress spokesperson Kunal Ghosh said, "Where is the question of arresting? The CID will record his statement under CrPc 41 or 41A. Why Suvendu Adhikari is not cooperating with the investigation?"
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