The Supreme Court on Friday declined to entertain a plea of Bengal Opposition leader Suvendu Adhikari to transfer to any other high court a case filed by chief minister Mamata Banerjee in Calcutta High Court challenging his victory in Nandigram in the 2021 Assembly polls.
A bench of Justice D.Y. Chandrachud and Justice Hima Kohli, however, allowed senior advocate Harish Salve who appeared for Adhikari to withdraw the petition and approach Calcutta High Court for appropriate remedy.
Adhikari, who had left the Trinamul Congress and contested the election on a BJP ticket, defeated Mamata in Nandigram by a narrow margin of less than 2,000 votes.
Adhikari had accused Mamata and the ruling Trinamul Congress of casting aspersions on judges hearing her case in the high court.
“We will not allow the choice of High Court to be changed. The High Court which has the jurisdiction should alone try the matter. If we transfer the case, then we will be expressing lack of faith in the entire High Court,” Justice Chandrachud who headed the bench told Salve.
According to Adhikari, in view of the constant allegations, a fair trial cannot be held in Calcutta High Court, hence, he wanted the transfer of the petition filed by the chief minister to any other high court.
The Supreme Court refused to buy the senior counsel’s argument that not only Adhikari but even Calcutta High Court judges were on the “receiving end” of Mamata and Trinamul. “We can’t allow you a choice of the High Court. If you have any apprehensions, then you can approach the High Court judge hearing the matter and request for orderly conduct of the court...,” said Justice Chandrachud.