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Calcutta High Court Revokes Immunity Granted to Suvendu Adhikari from Fresh FIRs

The Calcutta High Court on Friday revoked the protective order that had shielded Suvendu Adhikari, Leader of the Opposition in the state assembly and BJP MLA from Nandigram, from fresh FIRs.

A Single-judge bench headed by Justice Joy Sengupta verbally delivered the order, observing that an interim protection cannot endure indefinitely. In December 2022, Justice Rajasekhar Mantha had ruled that Adhikari would enjoy immunity against future FIRs without court approval, and had temporarily stayed 26 existing FIRs lodged against him at that time.

With the latest order, the High Court has quashed 15 of those 26 cases. Adhikari’s legal team has been asked to submit any contentions in writing to the bench by Monday, should they wish to challenge the withdrawal of the immunity. Practically speaking, the revocation means that FIRs may now be lodged against Adhikari without prior judicial approval.

Commenting on the development, BJP State President Samik Bhattacharya said, “With full respect towards the Calcutta High Court, the verdict has self-conflicting factors. On one hand, the protection was withdrawn, while on the other, 15 cases were dismissed against Adhikari. The cases which were lodged against Leader of the Opposition were largely politically motivated and make such a situation that the LoP falls in trouble. False and fake cases have also been lodged. However, law will take its own course. We will take needful steps. Leader of the Opposition is protesting and running across the state and Trinamool wants to stop him.”

Meanwhile, Trinamool Congress leader Kunal Ghosh described the order as a landmark blow to Adhikari’s political standing. He said, “In a significant development today, Justice Joy Sengupta withdrew the blanket protection, observing that such an order cannot remain in force indefinitely and must eventually come to an end. The court also dismissed 15 cases filed against Adhikari. In addition, for five other FIRs that Adhikari had sought to be quashed, the Calcutta High Court has directed the formation of a Special Investigation Team to probe the allegations. Earlier, Justice Rajasekhar Mantha had earlier ruled that Leader of the Opposition Suvendu Adhikari would be protected from multiple FIRs, and that no new FIRs could be filed against him without the prior approval of the court.”​

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