The Calcutta High Court vide an order dated 18 May, quashed a defamation suit filed against BJP Leader Suvendu Adhikari.
A single judge bench headed by Justice Bibek Chaudhari quashed the complaint on the ground that it is triable before a special magistrate or special court which has been designated to hear cases against MPs/MLAs.
It was highlighted by the court that the Chief Judge of the Sessions Court erred in taking cognizance of the defamation complaint against Suvendu Adhikari.
The court has noted that it is a settled law of the Supreme Court that special MP/MLA courts are to be constituted in the state and cases relating to MPs and MLAs are triable by the special magistrate or the special judge.
Therefore, initial cognizance taken by the Sessions Court is bad and therefore the complaint is liable to be quashed.
The court noted that the complainant is at the liberty to take back the written complaint and file the same before the appropriate court.
Herein, the Public Prosecutor (Kolkata Police, State of West Bengal) had lodged a complaint before the Chief Judge Sessions Court alleging that Suvendu Adhikari uploaded certain statements in his twitter handle regarding detention of a bus on 17 April 2023, and the same was false.
Suvendu Adhikari had tweeted a picture of a bus tagging the Commissioner of Police and sought an explanation from Kolkata Police for escorting a bus which was being used to shift heaps of cash and evidence relating to the SSC and Coal Scam.
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