Justice Nishita Mhatre, before whom the matter was referred by the Chief Justice following a split order by a division bench of the high court, upheld the single bench order that had directed lodging of an FIR and CID probe into Pal’s controversial remarks during public meetings in his Krishnagar constituency in Nadia district.
Justice Mhatre said there was no need for the court to monitor the investigation.
In her order, Justice Mhatre said that the issue was whether or not the impugned order of the single judge was sustainable and that four parts of it need to be examined.
The court said that these were whether the petition seeking an independent investigation into the MP’s comments was maintainable or not, whether FIR should be lodged against Pal, whether an investigation should be held by CID and, whether there was need for monitoring of the probe by the court as directed by the single judge bench of Justice Dipankar Dutta.
Appeals by the state government and Pal before a division bench of Justice Girish Gupta and Justice T Chakraborti had led to a split verdict with the former setting aside Justice Dutta’s order while the latter upheld it.
Justice Mhatre, the referee judge, on Thursday upheld the first three parts of Justice Dutta’s order while directing that there was no need for court’s monitoring of the investigation.
A prayer for stay on operation of the order by Tapas Pal’s lawyer was rejected.
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