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The Calcutta High Court today took up an appeal against a trial court order directing registration of FIR against Trinamool Congress MP Tapas Pal for his insensitive comments against women and a CID probe into it, saying that the question to be decided was whether he had committed a cognisable offense or not.
A division bench comprising Justice Girish Gupta and Justice T Chakraborty asked the counsel for the petitioner against Pal to read out the alleged utterances of Pal in public meetings and explain whether the complaint contained any cognisable offense by the MP or whether Pal has committed any cognisable offense. Both the West Bengal government and Pal himself have moved appeals challenging Justice Dipankar Dutta's order.
Aniruddha Chatterjee, counsel for petitioner Biplab Chowdhury who had filed a complaint against the two-time MP at Nakashipara police station in Nadia district within Pal's constituency Krishnagar, submitted that the actor-turned-politician had said “he was carrying a gun.” At this, Justice Gupta said, “He is an MP, he is an honourable person, he can carry a revolver.”
“A goon carrying a revolver and an MP carrying a revolver is different,” Justice Gupta observed adding that merely carrying a gun cannot be an offense as it might be licensed.
The bench observed that mere intention of committing an offense is not a cognisable offense. It observed that there were four parts to an act being construed as cognisable offense, which are — intention, preparation, attempt and commission. Chatterjee, who submitted copies of newspaper reports and compact disc (CD) containing Pal's utterances at public meetings at Chowmaha village within Nakashipara police station in Nadia, stated that Pal has also claimed to be a top gangster. The counsel submitted that the MP also allegedly said that he would unleash his boys to rape women folk of CPI(M) activists.Chatterjee claimed that it amounted to incitement and as such was a cognisable offense under Section 153 a (i) (hate speech) of IPC.
As the time for the day's proceeding neared an end, Kalyan Banerjee, a TMC MP and a senior advocate who appeared for the state challenging the single bench order, prayed for a stay on Justice Dipankar Dutta's order.
He submitted that as Justice Dutta had on Monday ordered that an FIR be registered against Pal within 72 hours of posting of his order in the high court's website, a stay be granted on the order. The division bench directed that “since it was seized of the matter, the order will not be given effect till 2.00 PM tomorrow.” Hearing of the matter was adjourned till tomorrow. Justice Dutta, passing his verdict 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 situation and the role of police.
He had directed that the high court would monitor the probe in view of West Bengal government's stand that the complaint did not disclose any cognisable offense. 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, a resident of Pal's constituency Krishnagar in Nadia district, as an FIR. The court also directed the state DGP to transfer the case to the DIG, CID, within 72 hours of the order being uploaded in the high court's website. 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 1 July tendered an unconditional apology saying that in making such comments he has let down his constituency and the people of Bengal.
