As Calcutta HC Lowers Suvendu's Legal ‘Shield’, Focus on Bengal Administration's Will to Act
Kolkata: The Calcutta high court has withdrawn the interim protection that shielded West Bengal's leader of opposition, Suvendu Adhikari, from the registration of new FIRs without prior court approval.
The decision, delivered by Justice Joy Sengupta on Friday (October 24), effectively ends the legal constraint on police action, with the judge observing that such blanket protection “cannot continue indefinitely”.
This ruling reverses an interim order granted by Justice Rajasekhar Mantha on December 8, 2022, which had been upheld by the Supreme Court, and which required court permission to file new complaints against the BJP leader.
Adhikari, once a trusted lieutenant of chief minister Mamata Banerjee until his defection to the BJP in 2020, has consistently claimed that the multiple cases filed against him across the state were politically motivated.
He is known for making openly communal and provocative statements at public rallies and for religious incitement on social media.
While the court's final order paves the way for police to take action, the court concurrently disposed of 15 of the 19 pending complaints against him, providing a mixed verdict for the opposition leader.
The bench also directed that the remaining four cases be investigated by a special investigation team (SIT), composed of officers of both the state police and the CBI, to ensure impartiality in the probe.
Reacting to the judgment, Adhikari expressed satisfaction that most of the cases he termed “false” had been quashed. His counsel, Bilwadal Bhattacharya, explained that the earlier “protective shield” was not absolute.
Bhattacharya said: “There was no blanket immunity, only an interim order requiring prior court permission to file complaints. The old cases have been settled, and four will now go to the SIT. Since there are no new cases, the question of legal protection no longer arises.”
Adhikari has been accused of fomenting communal tensions by blaming specific communities before investigations conclude. Recently, he posted on X alleging that miscreants from another community had vandalised a Kali idol in Kakdwip. Subsequent police investigations revealed that the incident had no communal colour and led to the arrest of one Narayan Halder.
In March 2025, the West Bengal assembly passed a resolution condemning Adhikari for stating that “Muslim MLAs of the ruling Trinamool Congress (TMC) would be thrown out of the state assembly if the BJP came to power next year.” He also urged that no Bengali go to Muslim-majority areas, especially Kashmir, following the Pahalgam terror attack.
For years, such allegations went unprosecuted perhaps due to his interim legal protection. With that now lifted, questions are being raised over whether law enforcement will act if similar incidents occur again.
“Though some older cases have been dismissed, several others will now be investigated under court supervision. Suvendu used his legal shield as cover for arrogance – hopefully, this will restrain him now. The man has lost his senses,” said senior advocate and TMC MP Kalyan Banerjee.
The primary point of contention among legal experts and opposition leaders remains whether the state administration possesses the political will to counter the BJP's aggressive Hindutva narrative. The Left has long argued that the ruling TMC has adopted a contradictory soft-Hindutva stance by engaging in religious posturing for political gain, effectively weakening its ability to fight divisive politics.
Communist Party of India (Marxist) (CPM) Rajya Sabha MP senior advocate Bikash Ranjan Bhattacharya told The Wire: “Who will act, and against whom? The ruling Trinamool also cloaks itself in ‘sanatani’ imagery for political mileage. How can such a government counter divisive politics?”
CPM state secretary Mohammad Salim alleged both major parties to be complicit. He said: “If the government wanted, it could have acted against this poisonous politics. But it is itself neck-deep in irregularities. The court also lifted protection for TMC MP Abhishek Banerjee. Has any probe into his corruption progressed?”
The political implications extend beyond the immediate legal fallout. The removal of the protection potentially raises Adhikari's profile, turning legal adversity into a political asset ahead of upcoming elections.
This political equation needs to be considered against a backdrop of public concern over core governance issues.
This article went live on October twenty-sixth, two thousand twenty five, at twenty-four minutes past twelve at night.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
