Politics
Calcutta High Court Quashes Defamation Complaint Filed By WB Government Against BJP Leader Suvendu Adhikari
Swarajya Staff
May 31, 2023, 03:08 PM | Updated 03:08 PM IST
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
The Calcutta High Court vide an order dated 18 May, quashed a defamation suit filed against BJP Leader Suvendu Adhikari.
A single judge bench headed by Justice Bibek Chaudhari quashed the complaint on the ground that it is triable before a special magistrate or special court which has been designated to hear cases against MPs/MLAs.
It was highlighted by the court that the Chief Judge of the Sessions Court erred in taking cognizance of the defamation complaint against Suvendu Adhikari.
The court has noted that it is a settled law of the Supreme Court that special MP/MLA courts are to be constituted in the state and cases relating to MPs and MLAs are triable by the special magistrate or the special judge.
Therefore, initial cognizance taken by the Sessions Court is bad and therefore the complaint is liable to be quashed.
The court noted that the complainant is at the liberty to take back the written complaint and file the same before the appropriate court.
Herein, the Public Prosecutor (Kolkata Police, State of West Bengal) had lodged a complaint before the Chief Judge Sessions Court alleging that Suvendu Adhikari uploaded certain statements in his twitter handle regarding detention of a bus on 17 April 2023, and the same was false.
Suvendu Adhikari had tweeted a picture of a bus tagging the Commissioner of Police and sought an explanation from Kolkata Police for escorting a bus which was being used to shift heaps of cash and evidence relating to the SSC and Coal Scam.
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
Introducing ElectionsHQ + 50 Ground Reports Project
The 2024 elections might seem easy to guess, but there are some important questions that shouldn't be missed.
Do freebies still sway voters? Do people prioritise infrastructure when voting? How will Punjab vote?
The answers to these questions provide great insights into where we, as a country, are headed in the years to come.
Swarajya is starting a project with an aim to do 50 solid ground stories and a smart commentary service on WhatsApp, a one-of-a-kind. We'd love your support during this election season.
Click below to contribute.