Today, the Supreme Court dismissed the West Bengal government's petition challenging a Calcutta High Court order that had granted protection to the relatives and associates of the Leader of Opposition, Suvendu Adhikari. This order pertained to a police investigation regarding alleged irregularities in contract works within Contai Municipality.

During the proceedings, a bench consisting of Justices BR Gavai and Prashant Kumar Mishra reviewed a special leave petition brought forward by the State of West Bengal. This petition contested a June 2023 ruling by the Calcutta High Court. The High Court's order mandated the state police to grant Sutapa Adhikari, Krishnendu Adhikari, and other associates of Suvendu Adhikari a 72-hour notice before summoning them for questioning.

Additionally, the High Court directed the issuance of a written show-cause notice before accusing any of them in the case or initiating an investigation, and forbade their arrest for a period of 10 days following the service of such notice. The petitioners had asserted that such notices, as per Section 160 of the Code of Criminal Procedure, were being exploited to implicate and detain individuals without allowing them the opportunity to seek legal remedies.

Senior Advocate Gopal Sankaranarayanan, representing the State of West Bengal, expressed strong disapproval of the observations made by the Calcutta High Court and the directives it issued when dealing with the quashing petition that had already lost its relevance.

"This is a petition for quashing of a Section 160 CrPC notice, not even a first information report. The petitioners are not accused individuals. It's not an application for anticipatory bail," Sankaranarayanan exclaimed.

On the Contrary, Senior Advocate PS Patwalia, who was representing Sutapa Adhikari, argued that the West Bengal government had been subjecting individuals to 'persecution.'

''The Calcutta High Court issued this order for a specific reason. In the case of Contai Municipality, the chairman was the brother of the leader of the opposition, and his relatives were members. An individual lodged a first information report (FIR) in January 2022, alleging that the developmental work carried out by the municipality in 2017 and 2018 was 'deceptive.' It's worth noting that the FIR was filed after a gap of five years. However, as soon as the complaint was filed, it was promptly converted into an FIR.''

After hearing an arguement from both sides, Justice Gavai dismissed the PIL.

Case Brief -

The current controversy has arisen due to ongoing investigations targeting Suvendu Adhikari, the leader of the opposition in West Bengal and a member of the Bharatiya Janata Party, along with his brothers Soumendu Adhikari and Krishnendu Adhikari, his brother's wife Sutapa Adhikari, and other associates. These investigations pertain to alleged irregularities in the functioning of the Contai municipality before 2021. The Adhikari family, which has held significant political influence in the East Midnapore district for many years, is now facing scrutiny for their role in managing municipal affairs. The Adhikaris were recently summoned by the police for questioning under Section 160 of the Code of Criminal Procedure, but reportedly, none of them responded to the summons.

Case Details - State of West Bengal v. Sutapa Adhikari & Ors.