May 18, 2024

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SC stays order reviving circumstances towards Mamata ballot agent

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The Supreme Court Friday granted interim keep on a Calcutta High Court order which revived felony circumstances associated to the Nandigram violence towards West Bengal Chief Minister Mamta Banerjee’s election agent. It directed that no coercive steps be taken towards SK Supian for 2 weeks.
A bench of Justices Indira Banerjee and Krishna Murari dominated: “…since the order which affects the petitioner, herein, has been passed without hearing the petitioner, we deem it appropriate to pass an order staying the operation of the order dated 05-03-2021, only insofar as it pertains to the petitioner viz. SK Supian, for a period of two weeks till date or until further orders of the Division Bench of the High Court, whichever, is earlier”,
The March 5 High Court order got here on two PILs and stayed the order of the Additional Chief Judicial Magistrate discharging Supian from the 2007 felony case and different related orders handed on various dates discharging varied individuals accused from felony circumstances towards them.
The counsel for the appellant in addition to West Bengal advised the Supreme Court that the PILs have been initiated by individuals belonging to a political get together—BJP—for indirect causes and mustn’t have been entertained.
But the bench stated: “…a Public Interest Litigation cannot be thrown out only because the petitioner belongs to a rival political party.”
Supian’s counsel then identified that the circumstances towards him have been withdrawn and the Public Prosecutor/Assistant Publc Prosecutor had the facility to do that. The counsel for the PIL litigants, nevertheless, opposed this and stated the fees towards associated to homicide and couldn’t have been withdrawn.
On this the SC stated: “At this stage we need not go into the question of whether the Public Prosecutor/Assistant Prosecutor concerned applied his mind to the charges against the accused persons or whether the facts and circumstances of the case warranted discharge of the accused”.
After the order, Supiyan advised The Indian Express: “We had faith to the Supreme Court. One ‘Mir Jafar’ (Suvendu Adhikari) tried to send us to jail in a false case. But, his intention failed and people of Nandigram will answer this.”
Another chief, Abu Taher, stated: “It is a victory for activists of Nandigram and Bhumi Uchchhed Protirodh Committee .”

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