SC stays Calcutta HC order to reinstitute criminal cases against Mamata’s election agent – The Hindu

The Supreme Court on Friday stayed the operation of a Calcutta High Court order to reinstitute criminal cases against West Bengal Chief Minister Mamata Banerjee’s election agent in connection with the Nandigram protests against land acquisition.

“Since the order which affects the petitioner (election agent) herein was passed without hearing him, we deem it appropriate to pass an interim order staying the operation of the order dated March 5, 2021,” a Bench led by Justice Indira Banerjee noted in the order.

The petitioner, S.K. Supian, has challenged the order passed by the Calcutta High Court on two Public Interest Litigations (PIL) against the withdrawal of prosecution in various criminal cases connected with the protests over the alleged improper acquisition of land by the State to create a special economic zone (SEZ) in Nandigram.

Mr. Supian, represented by senior advocate Vikas Singh, has contended he was not made a party in the PILs and the reinstitution of the criminal cases has impaired his ability to discharge his functions as an election agent under the Representation of People Act, 1951.

Mr. Singh alleged that a PIL was “filed by a BJP (Bharatiya Janata Party) person” in the High Court, which passed the interim order.

“By an interim order, the case was revived,” he said, adding, “I (petitioner) am the election agent of the Chief Minister and because of this order, I am virtually disabled.”

Mr. Singh submitted that the plea filed in the High Court was “politically motivated”.

Senior advocates A.M. Singhvi and Siddharth Luthra, appearing for the State, opposed the High Court’s interim order.

Senior advocate Mukul Rohatgi, appearing for a caveator who was a petitioner in the High Court, said the petitions of the State and Mr. Supian should be dismissed with exemplary cost as they had “lied to this court”.