The Calcutta High Court overruled an order against BJP leader Anisur Rahaman for not granting him an opportunity of being heard. The Court remanded the matter back to be heard again.
Facts
Anisur Rahaman (Appellant) got arrested for the murder of Trinamool Congress functionary Kurban Shah in 2019. Jahar Sha, (Petitioner) lodged a complaint against several persons alleging them for his uncle’s murder. An FIR got registered and the investigation commenced. Thereafter, the accused applied for bail before the High Court but got refused for the same. The Appellant, alleged to involve in several criminal cases. The learned Advocate General for State submitted that the trial court already passed an order under sec. 321 of Cr.P.C. But the learned Single Judge quashed the order of the Trial Court. Jahar Sha filed the instant Petition against the State Government’s proposal to withdraw pending criminal cases of Appellant. Though, the Appellant was not a party to the petition. Also, Rahaman announced his decision to quit the BJP and ally with the Trinamool again.
Arguments Advanced
Learned Counsel for the Appellant submitted that the principle of Audi Alteram Partem got violated. Further, the order under sec. 321 of Cr.P.C. got quashed without hearing the Appellant. Thus, he pleaded that the order conferring many benefits on Appellant should not be set aside.
Court’s observations
The Bench of Hon’ble CJ Thottathil B. Radhakrishnan and Justice Arijit Banerjee ruled that the principles of natural justice in the instant case got breached. Thus, the Court set aside the impugned order under the instant appeal. The matter got listed on remand to the learned Single Judge to be heard again. The Bench directed the Single Judge for the expeditious disposal of the Writ Petition.
Judgement
The Hon’ble Court listed the instant petition on remand to get heard afresh. Further, the Court disposed of all the connected applications.
Click here to view the judgement.
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