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A Supreme Court bench of Justices Chandrachud and Bopanna today dismissed a plea by West Bengal government against BJP MLA Suvendu Adhikari granting him protection from arrest.

The order which granted him protection challenged the order of the Division Bench of the Calcutta High Court which refused to entertain a Letters Patent Appeal (LPA) challenging the order of the Single Judge staying criminal proceedings against Adhikari thereby protecting him from arrest.

Menaka Guruswamy, Senior Advocate, appearing for West Bengal submitted that the order of the Supreme Court dated 13th December 2021 did not cover the aspect that was being challenged in the present writ petition. She argued that the present SLP only pertains to the issue of whether an LPA arising from an order passed under the the writ jurisdiction of the High Court qualifies as criminal jurisdiction or not.

The court on hearing her submissions noted that the order of the Single judge of the High Court of Calcutta dated 6th September was challenged before this court in SLP.

The court further noted that the the interim order of the single judge was dealt with on 13th December 2021. The court noted that the present SLP arises out of the order of Division Bench declining to interfere with order of the single Judge.

In conclusion, the court held that since the very order of the single judge was assailed before this court, the issue as regards to maintainability is insignificant. The court further held that the parties will be governed by the order of the court dated 13th December 2021.

The court had on 13th December 2021 held that since the single judge has permitted affidavits-in-opposition to be filed within a period of four weeks and the reply, if any, within a period of two weeks. The court further noted that as of date, the state of West Bengal and the investigating officer are yet to file their replies. The court noted that observations of the High Court prima facie are in support of the ad interim stay which has been granted. The court held that since the High Court is seized of the proceedings and that the SLP arises from an interlocutory order, they were not inclined to exercise the jurisdiction of Article 136 and permit the SLP to be heard. The court however did not express any opinion on the merits of the matter.

Cause title: State of West Bengal Vs Suvendu Adhikari