Court Questions Timing of Multiple FIRs Against MLA Post-Election Results, Allows Investigation to Proceed
The Calcutta High Court, presided over by Justice Saugata Bhattacharyya, has granted interim protection to Paresh Ram Das, a newly elected member of the West Bengal Legislative Assembly, amidst a wave of FIRs filed against him. Das, a candidate from the All India Trinamool Congress, emerged victorious in the 2026 West Bengal Assembly Election from the 138-Canning Paschim Assembly Constituency.
The court's order comes in response to a spate of complaints lodged against Das, all dated May 16, 2026, just days after election results were declared on May 4, 2026. The complaints led to the registration of six separate FIRs at the Canning Police Station, with five of these FIRs relating to incidents allegedly occurring in 2021.
The petitioner, represented by Senior Advocate Mr. Kishore Dutta, argued that the timing of these complaints suggests an attempt to retaliate against the petitioner due to the changed political landscape following the election. In contrast, the state, represented by Additional Advocate General Mr. Rajdeep Majumder, contended that the FIRs pertain to heinous offences, and the delay in lodging them does not nullify the seriousness of the charges.
Justice Bhattacharyya, in his interim order, acknowledged the politically sensitive context of the case. The court emphasized the importance of considering the timing and circumstances surrounding the FIRs to determine their genuineness. Referring to the Supreme Court's judgment in Haji Iqbal Alias Bala Through S.P.O.A. v. State of Uttar Pradesh, the judge highlighted that courts should look beyond the complaints' contents to assess the broader circumstances and potential motivations.
The court granted interim protection to Das, barring any coercive actions against him without the court's leave until June 30, 2026, or until further orders. However, the investigation into the FIRs is allowed to continue, and Das is required to cooperate with the investigating agency, including complying with notices issued during the investigation.
The ruling also permits the state respondents to approach the court if Das fails to cooperate, with the possibility of seeking to vacate the interim order. Additionally, the court granted leave to the de facto complainant involved in one of the FIRs to pursue legal action, ensuring their representation in the ongoing legal proceedings.
This judgment underscores the judiciary's role in scrutinizing the intersection of law enforcement and political dynamics, particularly in the context of post-election disputes.
Bottom Line:
Lodging of multiple FIRs on the same date, especially when most relate to incidents from previous years, may indicate an attempt to settle political scores. Courts, while considering petitions under Section 482 of the Code of Criminal Procedure and Article 226 of the Constitution, can examine the overall circumstances, including the timing and nature of the complaints, to assess their genuineness.
Statutory provision(s):
- Section 482 of the Criminal Procedure Code, 1973
- Article 226 of the Constitution of India, 1950
Paresh Ram Das v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2904050
