The Supreme Court has stayed for two weeks a Calcutta High Court order reviving 14-year-old criminal cases against Chief Minister Mamata Banerjee’s election agent, S.K. Supian.
The Division Bench of Justice Indira Banerjee and Justice Krishna Murari said the Calcutta High Court can continue hearing the matter on merits. The Apex Court has ordered an ad-interim stay on the High Court’s order dated March 5, 2021 issued in response to a PIL. The special leave petition has been filed against the order issued to re-instate criminal cases against Supian. The FIRs in which Supian was named in relation to the Nandigram violence were withdrawn by the West Bengal government in 2020.
Supian had approached the Supreme Court for relief, stating that the FIRs hindered his ability to carry out his work as an election agent – the person legally responsible for a candidate’s campaign. He further said that the PIL was “politically motivated” and were passed without due process.
Senior Advocate Vikas Singh, appearing for Supian, contended that it is an unprecedented and bizarre development which has disabled the election agent of the West Bengal Chief Minister. Singh also highlighted that the petitioner before the High Court is a member of the BJP legal cell.
Senior Advocate Mukul Rohatgi opposed the petition. He stated, “All cases are of 302 and kidnapping. Chargesheet has been filed, and are pending before session court. This man is absconding in all cases. ” State government did not file an application under 321 and they say withdrawal will bring peace by letting go of murder accused, Rohatgi said.
Senior Advocate Abhishek Manu Singhvi, appearing for West Bengal, stated that the Apex Court itself has given powers to the state government to withdraw cases in political agitations.
The Supreme Court after hearing the parties said that it will not interfere with the hearing before the High Court. However, it agreed with the contention of the petitioner regarding how the order was passed by the High Court without hearing the petitioner.
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The Court deemed it appropriate to pass an interim order staying operation of the March 5 order so far as it pertains to the petitioner for a period of 2 weeks till date or until order of High Court hears the case, whichever is earlier.