A division bench of the Calcutta High Court Wednesday held in abeyance till Thursday afternoon a single judge's order directing a CID probe and filing of an FIR into the rape and violence remarks by Trinamool Congress MP Tapas Paul.
On appeals filed by the West Bengal government and Paul challenging Monday's order of Justice Dipankar Dutta, the division bench said as the matter will continue to be heard Thursday, Dutta's order need not be given effect to till 2 p.m.
The state government and Paul earlier in the day faced some hitches after they moved the division bench of Justice Pranab Kumar Chattopadhyay and Justice Samapti Chatterjee with the appeal.
But the particular bench declined to hear the case saying hearing matters relating to police inaction was not under its jurisdiction. The bench directed the petitioners to the court of Justice Girish Chandra Gupta and Justice Tapabrata Chakraborty.
"In our appeal we have said the single bench of the honourable court has exceeded its jurisdiction. He has transgressed his powers. He has suspected police without having any basis. And he has brought materials which are not on record," said state government pleader Kalyan Banerjee.
"Hearing has started today (Wednesday). It will continue tomorrow (Thursday). So the division bench has passed an order that hearing is on, effect should not be given to the single judge's order till 2 p.m. tomorrow," Banerjee told the media.
Hearing a petition seeking criminal proceedings against Paul, Justice Dipankar Datta Monday had directed the CID to probe the matter and submit a report to the court by Sep 1. He had directed that a first information report be registered within 72 hours.
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The actor-turned-politician was caught on successive tapes asking his party activists in his Krishnanagar constituency of Nadia district to prove themselves by killing Communist Party of India-Marxist (CPI-M) activists even as he himself asserted that he would gun down his rivals and let loose his "boys" to rape the Marxist women.
Directing the court monitored probe, Justice Datta had made scathing remarks against Paul and expressed regret over the "apathy and indifference of the police".
"Paul's speech is outrageous and surpasses all bounds of civility. Paul by his bizarre act has shown an evil tendency to become a law unto himself. If this tendency is not nipped in the bud, the situation would take a turn for the worse," Justice Datta said in the 43 page order.