Calcutta HC cancels the order that initiated criminal proceedings against Anisur Rehman
The Calcutta Supreme Court overturned a single judge order reviving the criminal case against West Bengal’s BJP leader Ansiur Rehman. The latter bank did not offer him an opportunity to be heard, and when the bank lifted the order it referred the matter back for reconsideration.
In the present case, the BJP leader was arrested in 2019 for murdering Triamool Congress leader Kurban Shah. The crime was committed before the 2019 Lok Sabha elections. The alleged perpetrator then left TMC and joined BJP.
Currently, the BJP leader has severed ties with BJP and has returned to TMC. Shah’s nephew had filed a written petition against the state government’s proposal to take action under Section 321 of the CrPC to withdraw the criminal cases pending against Anisur Rehman.
The written petition stated that all charges against the complainant should be withdrawn. However, the complainant was not made a party to the written petition. Nevertheless, the single judge overturned the court’s order and all charges against the applicant were withdrawn.
The lawyer, who appeared on behalf of the complainant, alleged that the annulment of a decision without giving the complainant the opportunity to be heard clearly violated the principle of audi altream partem. The lawyer argued that while the decision was beneficial to the complainant, he should be given an opportunity to be heard.
When hearing the attorneys, the bank found that the principles of natural justice had been violated. The bank also referred the matter back to the single judge for being heard again.