Today, the Supreme Court of India refused urgent listing for a petition filed by BJP MLA and West Bengal Opposition Leader Suvendhu Adhikari challenging an order of the Calcutta High Court allowing registration of FIR against him for allegedly making remarks during the recently held West Bengal Panchayat elections.

The matter was heard before the single-headed bench of Justice Sanjay Kishan Kaul

Advocate Bansuri Swaraj counsel for Adhikari request an urgent listing.

However, Justice Kaul said that the matter is shown as listed on August 4 and declined to advance the hearing. Swaraj persuaded for an earlier date, saying that a week can be a long time, putting Adhikari in a "precarious position".

"I was protected by the two orders of the High Court by which no further FIRs should be registered against me....This court upheld that...The High Court is effectively sitting on a review of this court now", the counsel said. Justice Kaul however refused to advance the hearing from the already fixed date, August 4. But the judge assured that the matter will not be deleted from the list of August 4. "It is listed for 4th August, not to be deleted", he said.

Earlier, the division bench held that the previous orders were passed because the court was concerned with certain allegedly false and malicious allegations and complaints being made against Adhikari by the ruling party in the state.

The bench further noted that as per Section 41(d) of the Specific Relief Act, an injunction could not be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter. It noted–

"Now, if the interpretation of these two orders is that the respondent no. 3 has been given immunity equal to that of the President of India or the Governor of a State against criminal prosecution it would only be an absolutely erroneous interpretation of the said orders."