An appeal by the state against Calcutta High Court Justice Rajasekhar Mantha’s December 8 order restraining the former from lodging FIRs against leader of the Opposition Suvendu Adhikari without the court’s permission was moved before the division bench headed by Chief Justice Prakash Shrivastava on Thursday.

The appeal is likely to be heard on Friday.

Earlier in the day, a Supreme Court bench headed by Chief Justice of India D.Y. Chandrachud refused to take up the state’s plea for an urgent hearing against Justice Mantha’s order on account of which the government said it could not file any FIR against Adhikari for Wednesday’s stampede in Asansol during free blanket distribution. Three persons died in the stampede at the event where Adhikari was the chief guest.

The apex court bench asked senior advocate Abhishek Manu Singhvi appearing for Bengal to approach Calcutta High Court Chief Justice to form a bench to decide the appeal against the single judge’s order. It clarified it did not express any opinion on the merits of the case.

A state panel lawyer acted on the apex court’s advice. Because of lack of time, the appeal could not be heard on Thursday.