Supreme Court rejects Kirti Azad's plea against extortion FIR, allows withdrawal
Synopsis
Key Takeaways
The Supreme Court on Tuesday, 3 November declined to entertain a petition filed by Trinamool Congress (TMC) Lok Sabha MP and former cricketer Kirti Azad, who had challenged an FIR registered against him in an alleged extortion case by the West Bengal Police. The apex court allowed Azad to withdraw the petition after indicating it would not exercise jurisdiction in the matter.
What the Supreme Court Said
A bench comprising Justice Dipankar Datta and Justice Sheel Nagu held that it would not permit Azad to invoke its jurisdiction under Article 32 of the Constitution, given that his anticipatory bail plea was already pending before the Calcutta High Court, which had already granted him protection from arrest. Senior advocate Vikas Singh, appearing on behalf of Azad, then sought permission to withdraw the petition, which the court allowed, dismissing the plea as withdrawn.
Background: The Extortion Allegation
Azad, a member of India's iconic 1983 Cricket World Cup-winning squad and the sitting Lok Sabha MP from Bardhaman-Durgapur, had approached the apex court challenging the FIR filed against him and certain associates by the Criminal Investigation Department (CID) of the West Bengal Police. The FIR stems from a complaint lodged by a local businessman, who alleged that he was summoned to Azad's bungalow in Durgapur on 21 May last year. According to the complaint, an associate of the MP allegedly demanded ₹15 lakh from him, with threats to shut down his cooking gas business if the amount was not paid. The complainant reportedly claimed to possess an audio recording of the incident.
Azad's Defence and the High Court Order
Azad has categorically denied the allegations, calling them a conspiracy aimed at maligning his reputation. He has maintained that he was not present in Durgapur on the date of the alleged incident and submitted flight travel records before the Calcutta High Court in support of this claim. The High Court had earlier granted him interim protection from coercive action, including arrest, for six months, through an order passed by a single-judge bench of Justice Kaushik Chanda on 15 September. The court had also directed the CID to give Azad a minimum of seven days' advance notice before summoning him for questioning.
CID Questioning and What Follows
Following the High Court's directions, Azad appeared before CID headquarters at Bhabani Bhavan in Kolkata on 22 September for interrogation in connection with the case. His anticipatory bail application remains pending before the Calcutta High Court, which continues to be the primary forum for legal proceedings in the matter. With the Supreme Court now out of the picture, the case will continue to be adjudicated at the High Court level, where his interim protection from arrest currently holds.