Thread by @barandbench

#SupremeCourt to shortly hear plea by a Former Indian Police Service officer and @BJP4India leader Bharati Ghosh seeking protection in FIRS lodged against her by @WBPolice even though SC had ordered no coercive action against her
@BJP4Bengal @MamataOfficial

Senior Adv NK Kaul: You had protected her earlier since she attempted to take over the might of the state government. She has been riddled by FIR after FIR

Senior Adv Kaul: During lok sabha elections she was called for long questioning hours. Now allegations against her that she and CISF had caused violence. 2 years later I find an FIR filed. Non bailable warrants have been issued now and police wants to execute them

Senior Adv Kaul: Filing by nomination has to take place by 13th. Whole idea is stop her and the. Subject her to long questioning. Same thing happened during lok sabha elections too. Various FIRs had myself called for probe and I attended it

Senior Adv Kaul: Rape accused and smugglers have lodged FIR against her. Her husband has also got bail. One IA by us is listed. Since you were in constitution bench you could not hear. Justice Lalit has now sent this before you

Kaul: another practicing lawyer of this court also face allegations of causing violence along with CISF officer. We seek interim protection from coercive action today for her. She has 30 FIRs.How may will she fight against?

Justice Bhushan:who appears for West Bengal?

Senior Adv Siddharth Luthra:it is not our wanting to arrest her. Competent court issues warrant and she does not appear.

Luthra: EC was in charge at relevant time. State police was not in charge of EC.

Justice Bhushan: FIR is by police and not @ECISVEEP

SC: your submission that police is not under state is not correct

Luthra: She has to satisfy the magistrate issuing the warant. She was not arrested during probe. Section 160 notice is by magistrate and not police

Justice Hemant Gupta objects

Luthra: We never arrested her. Court issued the warrant.

Justice Bhushan: We will say don't arrest her during elections.

Luthra: this will send a message that she can do anything at anytime.

Justice Bhushan: Charges are violence during elections.

Luthra: as per her CISF acted in accordance of law. She agrees that there was indeed an incident. There are video proof too

SC: Let trial court decide that

Supreme Court dictates order:

Ghosh seeks quashing of FIR registered in Keshpur. It is submitted warrants have been issued under Section 175. One of the warrant issued is brought on record date Feb 4, 2021. We had already granted interim protection earlier.

#SupremeCourt: Our order was extended to other FIRs on July 12, 2019. Warrant of arrest will be kept in abeyance till completion of assembly elections. After elections it shall be open for Ghosh to appear before competent court and file necessary application.

Senior Adv Kaul: Please say protection from coercive action. Since the orders does not cover other FIRs which can be lodged again they keep on filing FIRs. It is a vindictive state which is hounding people. I am not even aware of the FIR or chargesheet. Suddenly NBW issued in Feb

Luthra: we can't have a situation that Ghosh perpetrates violence and is allowed to get away. Please see evidence and decide. You are staying the warrant and allowed to go around.

Kaul: you should show videos of what your police officers does.

Supreme Court grants protection from coercive action till West Bengal assembly elections are over.

Protection till May 10, 2021