Mukul Roy Anti-Defection Case: Supreme Court Stays HC Judgment, Issues Notice to Suvendu Adhikari
Supreme Court stayed the Calcutta High Court order in the Mukul Roy anti-defection case, raising concerns over reliance on electronic evidence
The Supreme Court on Friday stayed the operation of the Calcutta High Court judgment that had set aside the disqualification of Trinamool Congress leader and former BJP MLA Mukul Roy under the anti-defection law, observing that the use and evaluation of electronic evidence required careful judicial scrutiny.
The Court was dealing with a plea filed by TMC Leader Subhranshu Roy.
The Bench of CJI Surya Kant and Justice Joymalya Bagchi issued notice to Ambika Roy and BJP leader Suvendu Adhikari, directing them to file their counter affidavits within four weeks.
The Court ordered that the matter be listed thereafter, while making it clear that the High Court’s judgment would remain stayed in the interim.
The case stems from a June 8, 2022 order of the Speaker of the West Bengal Legislative Assembly, which had disqualified Mukul Roy on the ground that he had defected from the Bharatiya Janata Party to the Trinamool Congress.
The Calcutta High Court had later interfered with the Speaker’s decision, prompting a challenge before the Supreme Court.
During the hearing, the Chief Justice expressed reservations about reliance on electronic evidence, particularly video material, in disqualification proceedings. “See, there is AI etc. We do not know whose face is there. Electronic evidence has to be tested,” the CJI observed. He clarified that while the Speaker had not termed the proceedings criminal, the order described the consequences as “akin to criminal,” which raised questions on the standard of proof applied.
Senior Advocate Gaurav Aggarwal, appearing for the respondent, urged the court not to stay the High Court judgment, submitting that Mukul Roy was currently hospitalised. He also raised the issue of whether Roy’s son, who had approached the High Court earlier, had the locus to challenge the Speaker’s order.
The Bench, however, was not persuaded and proceeded to issue notice in the matter. “This judgment has to be stayed,” the CJI stated, while granting time for filing of pleadings.
The Court clarified that if any issue arose regarding Roy contesting or functioning as an MLA during the pendency of the proceedings, the concerned parties could move an appropriate application.
Notably, in 2021, Mukul Roy despite winning West Bengal Assembly elections from Krishnanagar Uttar Constituency as a member of BJP, defected, as soon as the results were declared, to the present ruling party All India Trinamool Congress (AITC) without resigning from the BJP or his Membership from the Assembly.
Bench: CJI Surya Kant and Justice Joymalya Bagchi
Hearing Date: January 16, 2026