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Calcutta HC sets aside order which initiated criminal proceedings against Anisur Rehman

The Calcutta High Court set aside an order passed by Single Judge which revived criminal proceedings against West Bengal BJP leader Ansiur Rehman. The latter bench did not provide him an opportunity to be heard, so the while quashing the order, the bench remanded the matter back so that it could be considered afresh.

In the instant case, BJP leader was arrested in the year 2019 for committing the murder of Triamool Congress leader, Kurban Shah. The crime was committed ahead of 2019 Lok Sabha elections. The alleged offender back then left TMC and joined BJP.

Currently, the BJP leader has severed ties with BJP and has returned back to TMC. A writ petition had been filed by Shah’s nephew against the proposal of the State government to initiate action under Section 321 of CrPC for withdrawing the criminal cases pending against Anisur Rehman.

The writ petition stated that all the charges levied against the appellant should be withdrawn. However, appellant was not made a party to the writ petition. Still, the Single Judge quashed the Trial Court’s order and all the charges against appellant stood withdrawn.

The counsel appearing on behalf of appellant submitted that quashing an order without giving the appellant an opportunity to be heard clearly violated principle of audi altream partem. The counsel submitted that though the order was beneficial for the appellant, he should’ve been given an opportunity to be heard.

The bench, upon hearing the submissions of counsel, observed that principles of natural justice have been violated. The bench also remanded back the matter to the Single Judge for being heard afresh.

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