Thread by @LiveLawIndia

[State of WB v Suvendu Adhikari]

Sr Adv AM Singhvi: A PIL by a political leader will get transferred to CBI. Point two, the writ is filed on 27th and the order is passed on 28th. Third, in counter before HC I've denied the allegations.

#SupremeCourt #SupremeCourtOfIndia

CJI DY Chandrachud: When the police was supposed to investigate - if the police files this kind of counter, what kind of investigation...

Singhvi: The impugned order quotes selectively.

#SupremeCourt #SupremeCourtOfIndia

Singhvi: Your lordships have not given them a chance! How can the probe be transferred? What is the point of jurisdictional bar if CBI can enter your area without consent?

#SupremeCourt #SupremeCourtOfIndia

Singhvi: The car route is extraordinary. They pass the place and then come back. 48 people have been arrested. One one sentence is taken by the HC.

#SupremeCourt #SupremeCourtOfIndia

Singhvi: Have your lordships ever heard a transferee investigative agency filing a writ in the HC?

Sr Adv Patwalia: That's an incorrect statement, I'll show it.

#SupremeCourt #SupremeCourtOfIndia

CJI DY Chandrachud: HC relies upon the status report then it says how can we expect your police to take investigation. They have not looked at the action. We'll set aside this judgement, send matter back to HC, ask police to file updated status report

#SupremeCourt

CJI DY Chandrachud: We're not saying it shouldn't have been transferred to CBI. We'll say HC has not considered all material.

Patwalia: HC has taken all material in account. Please see.

#SupremeCourt #SupremeCourtOfIndia

Patwalia: this is an FIR which is lodged on the 26th. This FIR is only against BJP workers. What they do is that they turn the head and say that attack was by BJP workers against TMC workers. This investigation is irrelevant.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: Mr Patwalia, now you start using an iPad...

Sr Adv Gopal Sankarnarayanan: My problem at home is that i have three children I've told not to use iPads so if i use in front of them, they'll say you're also using...

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: We will just send it to the HC. We will say that material has come on record which the HC did not have the option of seeing.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

Patwalia: They're deliberately taking this into a particular direction. HC has already recorded findings. Where is the question of fair investigation?

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

Patwalia: This is absolutely undesirable, my lords. BJP supporters ran away. There is a finding - they ransacked the TMC office, they attacked...

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

Patwalia: They are saying there is a bomb. That complaint is not registered on 26th. The other complaint is registered, that is on 28th.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: A PIL was instituted before Calcutta HC by first respondent invoking jurisdiction under Article 226.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The background which led to the petition is that on 25 Feb 2023, when the Union minister of state for home was visiting his constituency, there was an incident in the course of which his car and convoy were attacked

#SupremeCourt #SupremeCourtOfIndia #BJP

CJI DY Chandrachud: The allegation is that this was at the behest of TMC party and that the police took no action against the perpetrators.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The first respondent sought transfer to the CBI. The HC took note of an affidavit which was filed by Superintendent of Cooch Behar.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The HC was of the view that though the report was filed at an early stage, the averments indicated that final conclusion had already been drawn by the police.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: As per the Superintendent the report was made at the preliminary stage. The HC held that the state police authorities were not likely to conduct a fair investigation.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The HC stated that though the incident took place on 25th, FIR was registered on 7th...

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The HC also noted that when CISF went to register FIR on 26th Feb, the police refused to do so; and that no action was taken.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The HC noted that the police would be unlikely to take action where matter pertained to workers of ruling party of state and workers of principle party.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: We have heard Dr AM Singhvi and Mr Gopal Sankarnarayanan, for petitioners and Mr PS Patwalia for respondents.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The petitioners argue that judgement has missed certain crucial aspects of the status report which show that the police was investigating. It was urged that HC was moved by an MLA and leader of opposition so there was no reason for HC in PIL to transfer to CBI

CJI DY Chandrachud: Respondent submits that the HC was justified in transferring the investigation as though the incident took place on 25th Feb, the FIR lodged on 26th pertained to workers of BJP ransacking the office of ruling political party.

#SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: In the course of the discussion, the HC has adverted to certain extracts which were contained in the affidavit filed by SP. In order to analyse as to whether there is substance in the petition, we have perused the affidavit before HC.

#SupremeCourt #BJP #TMC

CJI DY Chandrachud: The affidavit adverts to the fact that police were in possession of video recordings of incident. The affidavit sets out steps taken by the police authorities.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: Affidavit also indicates that based on the complaint of the CISF another case was lodged against certain people.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: The HC was also apprised of the fact that 21 arrests were made by the police. 6 specific cases of ransacking and damage were registered.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: In those cases, 5 accused were arrested. The HC has not noted any of these facets. Since the material has been placed after the HC's decision, we're not going into details.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: However, the HC did not apply its mind to the entire facts. Thus, we find it appropriate to remit the matter back to HC to apply its mind afresh.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC

CJI DY Chandrachud: We clarify that we leave open the question of the petitioner concerning maintainablity. We allow the appeal and set aside the judgement and restore WP before HC to be considered afresh.

#SupremeCourt #SupremeCourtOfIndia #BJP #TMC