Relief for Suvendu Adhikari as Calcutta HC restrains police from proceeding further in its suo motu FIR

Kolkata: The Calcutta High Court on Friday in an interim order restrained the West Bengal Police from proceeding further in its suo motu FIR in connection to which a raid was conducted by it in a house where Leader of Opposition Suvendu Adhikari claimed to have his office and residence.

The police had gone to raid a house in Purba Medinipur district's Kolaghat on May 22, which Adhikari's lawyer stated was his office and residence.

Holding that the matter is at a very preliminary stage and the sixth phase of the Lok Sabha election is due to be held on Saturday, the court restrained the police from proceeding further with the FIR till June 17.The matter will appear on the list for hearing again on June 10, the court directed.

The bench of Justice Amrita Sinha granted liberty to the state to move the court, if there is any urgency, for taking any step for the purpose of conducting the elections in a peaceful manner.

Adhikari moved the high court alleging that the police raid was illegal, claiming that his fundamental right had been infringed. He maintained that a notice ought to have been given by the police prior to conducting the raid.

He prayed for a stay of the proceedings in the matter for the time being and restraining the police from conducting such raids till one week after the election results are declared.

Opposing the prayer, the West Bengal government claimed that Adhikari does not have the locus to move the petition as he is not the owner, nor in any way connected to the property raided.

The live and license agreement for the property is between the owner and a person, named Surajit Das, the state's lawyer stated.

It was claimed by the state's lawyer that the police were unaware that Adhikari was staying at the said property.

The state's counsel submitted that on the basis of certain information, the police rushed to the spot and lodged a suo motu FIR which stated that the search was conducted and nothing objectionable was recovered.