May 16th 2024.
In Kolkata, a recent development has caught the attention of the public. A single-judge Bench of the esteemed Calcutta High Court has issued an interim stay on the West Bengal Police's actions in an FIR registered against Abhijit Gangopadhyay. This FIR was filed earlier in the month against the former judge and current BJP candidate from the Tamluk Lok Sabha constituency.
The FIR was lodged at the Tamluk Police Station in East Midnapore District against Gangopadhyay, who had previously served as a judge in the Calcutta High Court before joining the BJP. Justice Tirthankar Ghosh has ruled that the state police cannot take any action against Gangopadhyay until June 14.
During the hearing, Justice Ghosh also referenced the recent bail granted to Delhi Chief Minister Arvind Kejriwal for campaigning and noted that the petitioner in this case is also a candidate himself. The next hearing on this matter has been scheduled for June 12.
The FIR was filed on May 5 at Tamluk Police Station under various non-bailable sections of the Indian Penal Code and the Arms Act, based on a complaint filed by a group of 25,753 teaching and non-teaching staff who lost their jobs due to a High Court order. The complaint stemmed from a procession by BJP supporters in Tamluk while Gangopadhyay was on his way to file his nomination as a candidate on May 4. Tension arose as the procession passed through an area where some dismissed school staff were protesting against the High Court's order.
Gangopadhyay then approached the Calcutta High Court, seeking the cancellation of the FIR as it could potentially hinder his campaign process. During the hearing on Thursday, his counsel argued that all charges against their client in the FIR should be dismissed. However, the state government's counsel argued that the FIR was registered based on specific complaints received at the police station.
The state government's counsel further explained that while FIRs are typically registered after the police determine whether the offense is cognisable, prima facie complaints must be accepted even if they are based on factual inaccuracies. Justice Ghosh noted that such arguments were diluting the matter, pointing out the contradictory statements made by the state government's counsel.
Therefore, he granted an interim stay on police action until June 14. It is worth mentioning that the polling for Tamluk is set to take place in the sixth phase on May 25. This development will undoubtedly have a significant impact on the ongoing election process, and it will be interesting to see how things unfold in the coming days.
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