Supreme Court Rejects Bengal Government's Plea To Overturn Calcutta HC's Protection Order For Soumendu Adhikari In Corruption Case

The Supreme Court rejected West Bengal government's plea against a Calcutta High Court order protecting Soumendu Adhikari, brother of BJP leader Suvendu Adhikari, from arrest in a corruption case.

The court refused to intervene in the case since the charge sheet had already been filed, stating that the plea was unnecessary.

Calcutta High Court granted protection to BJP leader Soumendu against any possible coercive action by West Bengal police on 31 January 2023. The case relates to alleged misappropriation of funds during allotment of 14 shops at Rangamati Cremation Ground at Contai in Purba Medinipur.

During that time he was the chairperson of Contai municipal body.

The Chief Justice D Y Chanrachud and Justice J B Pardiwala bench acknowledged that a charge sheet has been filed and the local court has already taken cognisance of it. Therefore, there was no need to rule on the state government's appeal against the high court's decision.

“In pursuance of the impugned order of the High Court dated January 31, 2023, it is common ground that the charge sheet was submitted before the competent court on February 21, 2023 and cognisance has been taken on March 22… In this view of the matter, the Special Leave Petition does not warrant interference at this stage. The Special Leave Petition is accordingly dismissed,” the bench ordered.

The court didn't dismiss the case against the BJP leader but gave orders to safeguard him from forceful measures.

“However during investigation, the investigating authority shall not take any coercive action/measure including arrest against the petitioner, so long as the petitioner will make cooperation with the investigating agency,” it had said.

The investigating agency can send a show cause notice to the accused if they refuse to cooperate during the investigation.

“No coercive measure/action including arrest against the petitioner in the present case shall be carried out during investigation in connection with such notice to show cause for a period of 10 (ten) days from the date of receipt of such notice to show cause by the petitioner, to enable him to avail of his remedies, if any, before appropriate authority,” it had said.

The high court declined to dismiss the FIR and instructed that Soumendu's questioning “shall also be made by audio-video electronic means”. The trial court will handle the investigation's details and fact-finding.