In a significant legal development, the Calcutta High Court on Thursday granted permission to the Central Bureau of Investigation (CBI) to file an appeal against a previous judicial order. This order had directed the formation of a joint special investigation team (SIT) with the West Bengal police to probe multiple FIRs registered against the leader of the opposition, Suvendu Adhikari.
The Core of the Legal Dispute
The case originates from an earlier ruling by a single judge of the Calcutta High Court, Justice Jay Sengupta. In his order, Justice Sengupta had taken several key decisions. He quashed a total of 15 FIRs filed against Suvendu Adhikari. Furthermore, the judge lifted the protection that had been granted to Adhikari against the registration of any new FIRs. Perhaps most crucially, the court ordered the transfer of four specific cases to a newly constituted joint SIT. This investigative body was to comprise officials from both the CBI and the West Bengal state police.
CBI's Challenge and the Division Bench's Ruling
The CBI, which is the central investigating agency, approached a division bench of the high court to challenge a specific part of Justice Sengupta's directive. The agency contested the mandate for a joint probe involving state police officials. The CBI's appeal was heard by a bench led by Acting Chief Justice Sujoy Paul and including Justice Partha Sarathi Sen. After considering the arguments, this division bench granted the CBI the necessary permission to formally file its appeal against the joint SIT order. This move effectively puts the formation and composition of the investigative team on hold, pending the outcome of the CBI's legal challenge.
Implications and Next Steps
This decision by the division bench introduces a new layer of complexity to the ongoing legal proceedings against the prominent BJP leader. By allowing the CBI's appeal to proceed, the court has opened the door for a debate on the autonomy and jurisdiction of the central agency in cases where it is already involved. The core question now revolves around whether the probe should remain solely with the CBI or proceed as a collaborative effort with state police. The future course of the investigation into the cases against Suvendu Adhikari will now depend on the verdict of the division bench once it hears the CBI's appeal in detail.
The legal tussle highlights the ongoing tensions between central agencies and state authorities in politically sensitive cases. All eyes will now be on the Calcutta High Court's division bench for its final ruling on the constitution of the investigation team.
