New Delhi Sept 22(ILNS): The Supreme Court refused to entertain a plea by the State of Chhattisgarh against the state’s high court order which had granted a stay on the FIR & further investigations on it against BJP VP Raman Singh & party spokesman Sambit Patra in connection with the alleged Toolkit case.
However, the bench comprising of CJI NV Ramana, Justice Surya Kant & Justice Hima Kohli, expunged the observations made by the State High Court while it had granted the stay on the FIR and further investigations on it.
During the hearing, today Senior Advocate Abhishek Manu Singhvi has pointed out that the high court said no case was made out against the petitioner (Raman Singh) (Sambit Patra) then what is left to go again to the High Court. It has given prima facie findings.
“Don’t waste your time here, Go to High Court. We take out the observations,” said CJI Ramana.
“We request the High Court to dispose of the matter expeditiously,” ordered the Apex Court.
The High Court had held that “considering the facts of the case and from a perusal of FIR, prima facie, no case is made out against the petitioner and criminal proceedings is manifestly attended against the petitioner with malafides or with a political grudge. Considering overall the facts and circumstances of the case, I am of the view that the petitioner has made out a strong case for grant of stay, as a continuation of investigation on basis of F.I.R dated May 19, 2021, will be nothing but an abuse of process of law.”
The petition before the High Court was filed by BJP Vice President Raman Singh and BJP national spokesman Sambit Patra challenging the FIR registered against them by the Raipur Police following a complaint against their tweets and copies of certain documents pertaining to the alleged Toolkit.
“It is not in dispute that a petitioner is a political person and the manner in which, FIR has been lodged by the police on May 19, 2021, on the basis of the complaint received on May 18, 2021, without examining the truthfulness of the complaint. If we see the face value of the F.I.R. no offense under Sections 504, 505(1)(b) and 505(1)(c) of IPC is made out as the averments of the F.I.R reflect that by the Twit of the petitioner, congressmen are aggravated which clearly indicates that no public peace or tranquility is being adversely affected and it is the purely political rivalry between two political parties,” the Order said.
Further, it had said, “This, prima facie, establishes that present F.I.R has been registered with political motives. From a perusal of FIR, it is apparent that ingredients of forgery with intent to harm reputation, are not made out as the attached document is already in the public domain, much prior to the time petitioner has twitted the message.”
Granting interim relief to the petitioners the High Court had directed that the effect and operation of FIR No. 0215/2021 dated May 19, 2021, registered at Police Station- Civil Lines, Raipur (C.G.) against the petitioner, and further investigation on the basis of FIR No. 0215/2021 shall remain stayed till the next date of hearing. The High Court had directed the State to file its reply within three weeks. /ILNS/KR/SNG