Calcutta HC puts interim stay on police action in FIR against its ex-judge Abhijit Gangopadhyay

Kolkata: A single-judge Bench of the Calcutta High Court on Thursday put an interim stay on action by the West Bengal Police in an FIR registered earlier this month against former judge and BJP candidate from Tamluk Lok Sabha constituency, Abhijit Gangopadhyay.

The FIR was registered at the Tamluk Police Station in East Midnapore District against Gangopadhyay, a Calcutta High Court judge until he quit and joined the BJP.

Justice Tirthankar Ghosh ruled that the state police cannot initiate action against Gangopadhyay till June 14.

In the matter, Justice Ghosh also drew reference to the granting of bail to Delhi Chief Minister Arvind Kejriwal for campaigning and observed in this particular case the petitioner is himself a candidate.

The next hearing in the matter will be on June 12.

The FIR was filed at Tamluk Police Station on May 5 under various non-bailable sections of the Indian Penal Code and the Arms Act, on a complaint filed by a section of the 25,753 teaching and non-teaching staff who lost their jobs following a High Court order.

The root of the complaint was a procession by BJP supporters at Tamluk while Gangopadhyay was going to file his nomination as a candidate on May 4.

Tension started as the procession passed through the area where some dismissed school staff were protesting against the Calcutta High Court’s order.

Thereafter, Gangopadhyay approached the Calcutta High Court with the plea for cancellation of the FIR as it might create obstacles for his campaign process.

On Thursday, Gangopadhyay’s counsel argued that all charges against his client in the FIR should be dismissed.

However, the state government’s counsel said that the FIR was registered based on specific complaints received at the police station.

“Generally, FIRs are registered after the police examines whether the offense is cognisable. But prima facie complaints have to be accepted even if that is based on factual inaccuracy,” the state government’s counsel argued.

Thereafter, Justice Ghosh observed that such arguments were diluting the matter.

“On one hand you are claiming that FIRs are registered after the police examine whether the offense is cognisable. On the other hand, you are claiming that prima facie complaints have to be accepted even if based on factual inaccuracy,” Justice Ghosh observed.

Thereafter he granted the interim stay on police action till June 14.

The polling for Tamluk is scheduled for the sixth phase on May 25.