Leader of Opposition in the West Bengal Assembly, Suvendu Adhikari on Thursday approached the Supreme Court against an earlier order of the Calcutta High Court to remove a shield to file FIRs against him without prior court permission.
The apex court is likely to hear the matter on August 4.
On July 20, the high court's division-bench of Justices Indra Prasanna Mukerji and iswaroop Chowdhury removed the shield which granted to him by a single- judge bench of Justice Rajasekhar Mantha.
Soon after the shield was removed, the state police filed an FIR against Adhikari on charges of instigating violence in the recently-held panchayat polls.
The FIR was connected to an incident where ballot boxes and according to the police, the incident was prompted by Adhikari.
The police showcased a video where Adhikari was seen at a campaign programme asking voters to throw away ballot boxes in ponds if there is any incident of rigging and false voting.
The division bench has however, maintained that that in case of any coercive action like arrest the police will have to take permission from the court.
“Police can take action after examining the complaints filed and then file FIRs. However, the FIRs should not be filed just for the sake of harassment,” Justice Mukerji observed.
As per the order in case of any complaint against Adhikari, the investigating police officials will examine the complaint and prepare a detailed report on it.
That report will have to be forwarded to the office of the state director general of police and the latter will again submit that report to the court.
Adhikari can then be arrested only if the court gives permission for the same.
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