Calcutta HC Dismisses Contempt Plea by Suvendu Adhikari Against West Bengal DGP Over Denial Of Entry Into Netai Village

The Calcutta High Court recently dismissed a contempt of court petition filed by Bhartiya Janta Party leader Suvendu Adhikari against the West Bengal Director General of Police (DGP) Manoj Malviya and two other IPS officers.

Adhikari had alleged that he was denied entry to Netai village in Jhargram district on January 7, 2022, by State's Law Enforcement Authorities despite an order of the high court allowing the same. 

However, single judge bench comprising Justice Sabyasachi Bhattacharyya noted that the order referred by Adhikari was passed while disposing of a writ petition on a submission by the State's Advocate General (AG) that Adhikari could visit any place in India, including the Netai village subject to legal restrictions.

The judge said that the expression 'subject to legal restrictions' qualified the permission to Adhikari to visit Netai and there was sufficient material to justify the claim of the alleged contemnors that there would be a flagrant violation of the law and order situation in the event Adhikari was allowed to go through.

Adhikari and his security personnel were denied entry into the village on the ground that his visit might have been followed by a mob entering the village which could have created a risk of inciting the highly volatile situation in the area.

Further, accepting the argument put forth by the AG that the submission made on behalf of the State on the day of the parent order dated January 5, 2022 did not tantamount to an ‘undertaking’ and there was no specific direction in the said order which could have been violated, the court observed that in the earlier order, there was no ‘direction’ as such directing on alleged contemnors to grant police help or escort Adhikari to Netai.

Moreover, the court held that since there was scope of ambiguity as to whether the statement of the AG was a submission of law that was accepted by the court or an undertaking given to the court, the benefit of the doubt had to go in favour of the alleged contemnors inasmuch as the allegation of wilful and deliberate disobedience was concerned.

"The explanation furnished by the alleged contemnors are worthy of acceptance and, hence, the occasion to punish the alleged contemnors does not arise," the court said. 

Furthermore, stating that "although, ipso facto, the petitioner’s travel to the Netai village was not a violation of law and the direct apprehension of a law and order predicament would sufficiently entitle the law enforcement authorities to prevent such act on the spot," the court held that the DGP could not be automatically held guilty especially when he was not present at the spot where Adhikari was prevented from entering the village.

Accordingly, court rejected the contempt application filed against the alleged contemnors, i.e. DGP and two IPS officers.

Case Title: Suvendu Adhikari vs Manoj Malviya IPS