Nov. 19: A caveat was today filed in the Supreme Court to ensure the Bengal government is not issued any order in the absence of the other party when it appeals Calcutta High Court’s ruling on Nandigram.

Last Friday, the high court had said the March 14 police firing in Nandigram was “wholly unconstitutional” as the situation had not been provocative enough to warrant bullets. It had also ordered a CBI inquiry.

The caveat was filed on behalf of Calcutta-based lawyer Kedar Nath Yadav, a petitioner in the case. “We will have to be heard before any orders are passed. We will defend the high court order,” Yadav’s lawyer said.

A legal team, headed by Bengal advocate-general Balai Ray, is expected to land in New Delhi early tomorrow.

The buzz is it will move the apex court, but Bengal home secretary Prasad Ranjan Ray said in Calcutta the state was consulting legal experts and a final decision had yet to be taken.

“Lawyers are handling the matter,” chief minister Buddhadeb Bhattacharjee said when asked if the state would appeal the order.

Ray has apparently advised the state to move the apex court. His team has several appointments lined up with top constitutional lawyers of the Supreme Court.

“On one point, an appeal is already pending (with the Supreme Court), that is whether the CBI can investigate a case without the consent of the state government under Section 6 of the Delhi Special Police Establishment Act. On this point, this case needs to be tested,” Ray said earlier.

This afternoon, the apex court threw out a petition by Yadav, urging it to direct the Centre to impose President’s rule in the state under Article 356. The petition contended that the governor’s statement expressing “cold horror” at the firing and his insistence that “no government can allow a war zone to exist without effective action” should be treated as a report to the President.

But a bench headed by Chief Justice K.G. Balakrishnan rejected his plea. “Is it in the court’s powers? Don’t abuse the process of the court,” the bench said.