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Granting interim protection against coercive action by the State, Calcutta High Court on Friday stayed arrest of a TMC renegade Dhyanesh Narayan Guha who claimed that 13 successive FIRs against him are a result of a political vendetta of the complainants.

Noting that present case is a very rare and exceptional instance where 13 complaints having been filed immediately after the declaration of results in the recent assembly elections, presiding the Single Bench Justice Rajasekhar Mantha, observed, 

“The uncanny timing of the FIRs cannot be lightly brushed aside and are enough for this Court to consider passing interim order.

One also cannot brush aside the argument that the change of political colour by the petitioner is the ulterior reason behind the number of complaints being filed against the petitioner albeit by different persons.”

In his petition before Court, the petitioner pleaded that between 14th May, 2021 and 18th June, 2021, just after the declaration of West Bengal State Assembly Elections on 2nd May, the aforementioned 13 FIRs have been registered in a single police station i.e. Gaighata Police Station against the petitioner from 13 different complainants. It was also pointed out that all but one of the FIRs relate to incidents that have occurred after 2nd May, 2021.

He also placed this fact before the Bench that even after bail was obtained in at least four cases on 15th June, 2021, there are warrants of arrest issued against the petitioner in some FIRs.

Petitioner’s main contention was that 13 FIRs were registered post 2nd May only because the petitioner had moved from one political party to another. The complaints are a result of a vendetta of the complainants who belong to a rival party.

Seeking interim order staying any investigation under the said FIRs, the petitioner also prayed before the court to transfer of investigation from the State police to CBI as he has lost faith in the investigation agency.

State, represented by the Advocate General, argued that each of the complainants is private individual and hence, it cannot be said that the State had any axe to grind with the petitioner.

After hearing both the parties, the Bench highlighted that,

“Mala fide FIRs would normally attract the jurisdiction of the Court under the Code of Criminal Procedure but 13 successive FIRs would bring into focus, likely and violation of Article 21 of the Constitution.

In such a situation, this Court’s power under Article 226 of the Constitution of India must and should be exercised to come to the aid of a citizen whose personal liberty is at threat.”

Therefore, the Court Directed the Gaighata Police Station not to arrest the writ petitioner without the leave of the court and the State was asked to file affidavit-in-opposition to the writ application within a period of two weeks.

The matter has been posted for further hearing on July 26, 2021.

Case Title: Rajdeep Majumdar Vs Kishore Dutta