The Calcutta High Court has rejected a petition by the Jadavpur Police to file a first information report against Bharatiya Janata Party MLA Suvendu Adhikari for allegedly preventing a public servant from discharging his duty and wrongful restraint, Live Law reported on Saturday.
The police alleged that Adhikari, the Leader of Opposition in the West Bengal Assembly, had an altercation with a police officer during a protest on August 17 and was found calling them a stooge of the establishment and “even using intemperate language”. The police submitted a video clip in support of the complaint.
The police asked the High Court for modification of an interim order dated December 8, 2022 in which the court had said that no FIRs shall be registered against Adhikari without its permission.
A single-judge bench of Justice Jay Sengupta responded to the police’s plea saying that merely using slangs in public discourse does not amount to a cognisable offence.
Sengupta, however, stated that Adhikari’s actions were in poor taste and was not expected of a political leader of some stature or, for that matter, any public figure.
“The purported acts of the petitioner on the particular date prima facie did not amount to assault or use of criminal force to deter a public servant from discharging his duty,” he said. “The framers of our Constitution would have shuddered in fear to think about such [an] interpretation.”
Adhikari’s counsel argued before the court that he was under grave and sudden provocation when the video was recorded.
The court asked Adhikari to cooperate with the investigation and said that a reasonable notice seeking examination of the plea by offering a choice of date and time for the same, would not amount to coercive action, reported PTI.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!