The matter will now go to a third judge to be nominated by Chief Justice Manjula Chellur. The interim stay on Justice Dipankar Dutta's order on the filing of FIR and CID probe would continue for another three weeks, the division bench directed.
Justice Girish Gupta of the bench set aside Justice Dipankar Dutta's order on filing FIR while Justice T Chakrabarty differed and dismissed appeals of both the West Bengal government and Tapas Pal challenging it.
On August 1, after completing the hearing, the bench had said it would give its verdict on August 13 and extended the stay on registration of FIR against Pal for his insensitive comments against women.
It had extended the stay till August 14.
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Justice Dutta, passing his verdict on July 28 on a petition seeking CID investigation into Pal's comments against women and other opposition party supporters at election rallies, had also made caustic observations about the state's law and order and the role of police.
Justice Dutta had in his order directed Inspector- in-charge of Nakashipara Police Station in Nadia district to treat the July one complaint by petitioner Biplab Chowdhury as an FIR.
Justice Dutta directed the CID authorities to file a status report on progress of investigation on September one.
Pal, whose controversial remarks against women had sparked an outrage, on July one tendered an unconditional apology to his party saying that in making such comments he had let down his constituency and the people of Bengal.