Introduction:

The Calcutta High Court has extended interim relief to Abhijit Gangopadhyay, a former judge and BJP Lok Sabha candidate, who is implicated in an FIR alleging his involvement in assaulting protesting teachers in West Bengal’s Tamluk during a BJP rally. The decision came after Gangopadhyay’s plea was initially heard by Justice Jay Sengupta, who recused himself due to personal relations with Gangopadhyay. Subsequently, the case was reassigned to Justice Tirthankar Ghosh by the Chief Justice. The court drew parallels with a recent Supreme Court order granting interim bail to Delhi Chief Minister Arvind Kejriwal.

Arguments from Both Sides:

Counsel for the petitioner, Abhijit Gangopadhyay, argued that although his name was included in the FIR, there were no specific allegations or roles ascribed to him. The plea highlighted the political nature of the case and pointed to the timing of the FIR, suggesting it was motivated by Gangopadhyay’s candidacy in the upcoming Lok Sabha elections. The defense emphasized the Supreme Court’s recent ruling in Arvind Kejriwal’s case, where interim bail was granted to ensure the free and fair participation of candidates in the democratic process. The petitioner argued that the same principle should apply to Gangopadhyay, a candidate from the Tamluk Parliamentary Constituency, to prevent any undue hindrance to his election campaign.

The Advocate General for the State countered by stating that the petitioners themselves had admitted the occurrence of the incident in question. The State argued that the primary concern at the stage of FIR registration is to ascertain whether a cognizable offense has been committed. The State maintained that it was premature to dismiss the FIR based on alleged inaccuracies, as the investigation process is designed to uncover the truth and gather evidence. It was emphasized that the admission of the incident by the petitioners warranted a thorough investigation by the authorities, and any interim relief should not impede this process.

Court’s Judgement:

In its decision, the Calcutta High Court granted interim relief to Abhijit Gangopadhyay, drawing heavily on the precedent set by the Supreme Court in granting interim bail to Arvind Kejriwal. The court noted the significance of the Lok Sabha elections and the necessity for candidates to participate freely without undue legal constraints. Recognizing Gangopadhyay’s role as a candidate from the Tamluk constituency, the court found that the observations made by the Supreme Court in Kejriwal’s case were equally applicable. The court, therefore, stayed the proceedings in the FIR until June 14, directing the State to file its affidavit in opposition. This decision underscores the judiciary’s role in balancing the need for thorough investigation with the protection of democratic processes during election periods.