Calcutta High Court Stays Coercive Action In FIRs Against BJP Candidate In Panchayat Election
The Calcutta High Court has stayed coercive action by the police in two FIRs registered against a candidate of BJP for the post of Zila Parishad member in the ensuing West Bengal Panchayat Election, 2023. The Petitioner, Subhankar Mahat claimed that he is a cancer patient and that he was assaulted by a Police officer who was not in uniform.
While permitting continuance of the investigation against the Petitioner, the Court changed the investigating officer since the wife of the Petitioner had filed a complaint against the officer for assaulting the Petitioner.
The Bench of Justice Jay Sengupta ordered, “However, investigation in the said cases will continue and will be conducted by an officer of the rank of the DSP as would be nominated by the concerned Superintendent of Police in this regard. It is clarified that the police would maintain vigil and keep peace at the locale”.
A Writ Petition was filed before the Calcutta High Court seeking police protection, a restraining order against respondent no. 4 and issuance of necessary directions to ensure the participation of the Petitioner in the 2023 Panchayat Elections.
Advocate Chandreyi Alam (Gupta), appearing on behalf of the Petitioner, asserted that the Petitioner is a cancer patient undergoing treatment. He alleged that after another candidate filed an FIR against the Petitioner, plainclothed police officers approached him leading to an altercation which caused serious injuries to him. The Petitioner further asserted that the police officers have sou moto initiated another investigation against him regarding the altercation.
Senior Standing Counsel Amitesh Banerjee, appearing on behalf of the State, alleged that the Petitioner started the altercation without any instigation. The Petitioner abused and jumped on the police officer and the officer also sustained injuries.
The High Court ordered the listing of the matter after a fortnight while ordering that no coercive steps shall be taken by the Investigating Agency against the Petitioner in respect of the two cases.
Cause Title: Subhankar Mahata v State of West Bengal & Ors.
