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The Tripura High Court on Thursday ordered an interim stay in the investigation against the Trinamool Congress (TMC)  National General Secretary Abhishek Banerjee and five others for allegedly flouting CoVID19 norms and obstructing police officers from performing their duties in Khowai district on August 8.

The Single Bench Chief Justice Akil Kureshi passed the order after hearing a petition filed on behalf of Mr. Banerjee and five other TMC leaders who were booked for allegedly creating ruckus and observed that,

“List the matter on 11.11.2021. In the meantime, there shall be no further investigation or issuance of the notices against the accused persons.”

The Tripura High Court on September 2 had admitted a petition that sought the court’s order to quash the complaint bearing FIR No. 77 of 2021 registered with the Khowai police station for offence punishable under Section 186 read with Section 34 of the IPC.

 “In the meantime, there shall be no further investigation or issuance of the notices against the accused persons,” Bench

The Bench has issued the interim stay on the investigation till November 11.

Other leaders who were named in the FIR are West Bengal Education Minister Bratya Basu, MP Dola Sen, party’s West Bengal general secretary Kunal Ghosh and two local leaders.

Previously, the Bench of Justice Akhil Kureshi during the course of hearing had asked the State Government to file a reply in two weeks on why the case should not be dismissed, and asked the police to continue with the investigation.

“The issues require further consideration. Let there be notice, returnable on 2nd September, 2021. In the meantime, the investigation may go on, however, final report shall not be filed without the leave of the Court.”

The counsel for the petitioner had submitted that,

• The complaint has been lodged on the basis of false allegations and is motivated by political mala fides.
• Despite the best efforts by the petitioner no order of the Magistrate authorizing the police to register the said complaint as an FIR in terms of Section 155(2) of Criminal Procedure Code could be found. Irrespective of this, counsel submitted that the very foundation of the complaint is not believable.
• As per the complaint certain people arrested by the police for commission of offence under the Disaster Management Act which would be punishable under Section 188 of Indian Penal Code, were to be produced before the Magistrate. However, on account of the unlawful resistance shown by the accused of this case, those persons who were arrested for offence under the Disaster Management Act could not be produced before the concerned Magistrate.
• The offence under Section 188 of IPC is a bailable offence. There was no reason for the accused to be produced before the Magistrate. They were arrested on 08.08.2021 and brought before Teliamura police station. If that be so, particularly when the offence alleged against them was a bailable one, there was no reason for those accused to be brought before Khowai police station where the incident leading to the present complaint had allegedly occurred.

The Advocate General appearing for the State had submitted that,

“The Magistrate had passed an order on 10.08.2021 for registering the complaint as an FIR. He further stated that the persons accused for commission of offence under the Disaster Management Act refused to offer bail and insisted on being produced before the Magistrate. These events are part of the record.”

BACKGROUND -

At least 14 leaders and workers of the Trinamool Congress (TMC) were arrested in Khowai district on August 8, including those injured in an alleged attack by BJP men the day before, for "flouting COVID-19 norms".

Those arrested were later produced before a local court, which granted them bail. In a video that went viral on social media, the TMC national general secretary was seen raising his finger to enquire why his supporters were arrested "after having faced assaults".

According to the police, the 14 TMC members were nabbed for venturing out after the imposition of night curfew at 7 pm, in violation of the COVID-19 restrictions.

 

[Case citation - Crl.Petn. No.35/2021]