๐๐ฎ๐น๐ฐ๐๐๐๐ฎ ๐๐ถ๐ด๐ต ๐๐ผ๐๐ฟ๐ ๐๐ฟ๐ฎ๐ป๐๐ ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐๐ผ ๐ง๐ ๐ ๐๐ฎ๐น๐๐ฎ ๐๐ฎ๐ป๐ฑ๐ถ๐ฑ๐ฎ๐๐ฒ ๐๐ฎ๐ต๐ฎ๐ป๐ด๐ถ๐ฟ ๐๐ต๐ฎ๐ป
Moving the court of Justice Saugata Bhattacharyya, Khan’s counsel Kishore Dutta prayed for disclosure of all FIRs filed against him, and protection from coercive measures.
The court directed that no coercive steps will be taken against Khan in connection with the pending criminal prosecutions till May 26.
Directing Khan to cooperate with the investigating agency, Justice Bhattacharyya granted permission to the police to bring to the notice of the court any deviation from the order by the petitioner.
The court also directed the Trinamool Congress candidate to follow the Election Commission’s guidelines and not intimidate or obstruct voters and other stakeholders. He was permitted to campaign for the repoll if time permitted under the model code of conduct.
Dutta, a former Advocate-General of West Bengal, informed the court that Khan is a candidate from the Falta Assembly constituency, where repoll is scheduled on May 21.
Polling was countermanded in Falta in South 24 Parganas district following allegations of large-scale irregularities on April 29, the day of voting.
In the run-up to the West Bengal Assembly elections, Khan described himself as ‘Pushpa’, a cine character, after IPS officer Ajay Pal Sharma, who was appointed by the poll panel as a police observer, was likened to ‘Singham’, a police character in an Singham starring Ajay Devgn.
In a viral video, Sharma was seen warning Khan’s family a couple of days before the May 29 polls not to intimidate voters, else he would be brought under the lens of the law.
Dutta contended before the court that due to a change in the political scenario in the state following the poll verdict, prosecution in several criminal cases has been initiated against Khan. He informed the court that five criminal cases were lodged against Khan at the Falta police station between May 5 and 15.
Opposing Khan’s plea, lawyers representing the West Bengal Government submitted before the court that the conduct of the petitioner can be deciphered from the Election Commission’s order on May 2 directing repoll in the Falta constituency over allegations of large-scale malpractices, including voter intimidation, booth capturing and tampering of EVMs.
They further alleged that the petitioner was the mastermind of the alleged widespread malpractices on the day of the election at Falta on April 29.
After listening to both sides, Justice Bhattacharyya observed that the petitioner “needs to be permitted to contest the repoll to keep the spirit of democratic rights alive”.
“But at the same time, the court is required to strike a balance between the petitioner’s right to contest the election and continuance of investigations in connection with criminal proceedings pending against him,” the judge said.
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