Justice Jay Sengupta of Calcutta High Court on Friday withdrew the interim “shield” that had protected leader of the Opposition Suvendu Adhikari from police action without prior court approval, paving the way for the state to lodge fresh cases against him if required.

While the ruling Trinamool Congress rejoiced over the much-awaited order, the BJP pointed out that the verdict simultaneously established how crucial the shield had been for the leader of the Opposition, as the court also quashed 15 criminal cases lodged against him by the Mamata Banerjee-led police.

The blanket protection was originally granted to Adhikari under an interim order passed by Justice Rajasekhar Mantha of Calcutta High Court on December 8, 2022, restraining the state from lodging any FIR against him without prior approval of the court.

On Friday, Justice Sengupta of the same court stayed that interim order, clarifying that “such an interim order cannot prevail for years”.

Besides withdrawing the shield, Justice Sengupta, in his order, quashed 15 out of the 16 police cases filed against Adhikari since he joined the BJP in December 2020.

“The order of stay issued by Justice Sengupta also directed the state government not to proceed further with those 15 cases. In those cases, any further step by the police will not be allowed,” an advocate from Adhikari’s side clarified.

In his order, the judge also mentioned that Adhikari would have the liberty to file a written application on Monday if he wishes to raise any objection to Friday’s ruling.

The court further stated that in cases such as the Nandigram firing, tarpaulin theft from Contai Municipality, the Maniktala murder, and school recruitment scam cases, a joint investigation could be conducted by the CBI and the state police through the formation of a special investigation team (SIT).

“In that case, six officers — including at least one officer not below the rank of SP from both the CBI and the state police — would be part of a 12-member SIT,” Justice
Sengupta ordered.

In the above-mentioned cases, Adhikari has not yet moved any petition before the high court. The judge, however, permitted him to file petitions against those cases.

Advocate Billwadal Bhattacharya, counsel for Adhikari, had moved a petition in November 2022 alleging that since his client joined the BJP, the state had been filing cases against him almost every day.

Following that petition, Justice Rajasekhar Mantha passed an order staying the operation of all 15 FIRs lodged against Adhikari and restraining the state from initiating any new criminal cases without prior permission of the court.

The state later challenged the legality of that order before the Supreme Court in 2023, but the apex court declined to interfere in the high court’s interim order.

Just before the puja vacation, senior advocate Kalyan Banerjee, appearing for the state, moved a petition before Justice Sengupta arguing that “any interim order issued by the court cannot prevail for years”. The state is not being allowed to lodge any criminal case against Adhikari “even after his direct involvement in criminal matters”.

Advocate Bhattacharya, however, countered Kalyan’s submission, stating that “the Supreme Court did not intervene in the high court directive”.

After hearing both sides, Justice Sengupta — on the first working day of the month-long Puja vacation — issued the order, reiterating that “an interim order cannot prevail for years”.

The Trinamool Congress, which had earlier moved the Supreme Court seeking a stay on the shield, appeared jubilant after the decision, describing it as a “significant setback” for Adhikari ahead of the crucial Assembly election.

“Big setback to Suvendu. In a significant development today, Justice Jay Sengupta withdrew the blanket protection, observing that such an order cannot remain in force indefinitely and must eventually come to an end,” Trinamool leader Kunal Ghosh wrote on social media.

The BJP leadership, on the other hand, claimed that the quashing of 15 criminal cases against Adhikari proved how vindictive the Mamata Banerjee government had been in using the police to target the Opposition leader.

Adhikari said he was very happy with Friday’s Calcutta High Court order, as it quashed the majority of the police cases filed against him.

“I am very happy with today’s Calcutta High Court order. The court has quashed most of the cases filed against me by Mamata Banerjee’s police. In the remaining cases, the court has formed an SIT with the CBI. Today’s order proves that the state police have been a political tool of the ruling Trinamool Congress. I have also been allowed to move court if any fresh criminal case is lodged against me,” said Adhikari.

Arjun plea rejected

Justice Sengupta on Friday rejected the prayer of BJP leader and former MP Arjun Singh seeking quashing of criminal proceedings drawn against him by Bengal police, accusing him of firing during a clash against Trinamool Congress workers at Bhatpara in North 24-Parganas in March.

Justice Sengupta said that an SIT, led by senior police officer Murlidhar Sharma, would conduct a probe into the allegation. The judge, however, granted Singh liberty to file an anticipatory bail plea in connection with the case.