The West Bengal government filed a petition on December 15 asking the Supreme Court's division bench of Chief Justice DY Chandrachud and Justice PS Narasimha, to grant permission to file an FIR against Suvendu Adhikari in connection with a stampede at a blanket distribution event in Bengal's West Burdwan district. The State petitioned the Supreme Court with the claim that the Calcutta High Court had issued a general injunction prohibiting the filing of FIRs against Adhikari without the court's prior approval.
The bench mentioned that the State could ask the Chief Justice of the Calcutta High Court to modify the general stay. According to CJI DY Chandrachud:
"A direction was issued by a single judge in Calcutta HC. The single judge is not available for judicial work in Calcutta. It is submitted that SLP had to be instituted before this court. Even if the single judge is unavailable, the petitioner has the remedy of moving the Chief Justice of the High Court for directions."
Three people were killed in a stampede yesterday at a blanket distribution event where Adhikari was present. The stampede was brought on by crowding. More than 17 FIRs against Adhikari had recently been stayed by the Calcutta High Court, which also issued an order prohibiting the State from filing any additional FIRs against him. The State police were not to file any FIRs against Adhikari without the High Court's permission, according to an order from the High Court.
The High Court judge who issued the general stay on filing a FIR against Adhikari, according to Senior Advocate Singhvi, was away in Port Blair conducting judicial business. Due to its inability to file a FIR against Adhikari, the state was unable to request a change of the order and conduct an investigation into the fatalities.
Because of this, Sr. Adv. Singhvi requested permission to withdraw the SLP and ask the High Court for the necessary instructions. The same was authorised.
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