Lawstreet Journal

No PIL can be dismissed simply because the Petitioner belongs to a rival Political Party : SC [READ ORDER]

Lawstreet Journal 1 Apr 2021 10:17pm

Image courtesy: Lawstreet Journal Judiciary No PIL can be dismissed simply because the Petitioner belongs to a rival Political Party : SC [READ ORDER]

On Friday, March 26, 2021 the Supreme Court granted interim stay on a Calcutta High Court order which revived criminal cases related to the Nandigram violence against West Bengal Chief Minister Mamta Banerjee’s election agent. It directed that no coercive steps be taken against SK Supian for two weeks. The court has observed that the persons with political affiliations are, as much entitled to file public interest litigation as any other person.

A divison bench bench comprising of Justice Indira Banerjee and Justice Krishna Murari ruled: “…since the order which affects the petitioner, herein, has been passed without hearing the petitioner, we deem it appropriate to pass an order staying the operation of the order dated 05-03-2021, only insofar as it pertains to the petitioner viz. SK Supian, for a period of two weeks till date or until further orders of the Division Bench of the High Court, whichever, is earlier”,

The High Court order came on two PILs and stayed the order of the Additional Chief Judicial Magistrate discharging Supian from the 2007 criminal case and other similar orders passed on diverse dates discharging various persons accused from criminal cases against them. The counsel for the appellant as well as West Bengal told the Supreme Court that the PILs were initiated by persons belonging to a political party—BJP—for oblique reasons and should not have been entertained.

However, the bench said: “…a Public Interest Litigation cannot be thrown out only because the petitioner belongs to a rival political party.”

At this stage, Supian’s counsel pointed out that the… Continue Reading...

Tagged: Supreme Court of India  
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