• Violation of oath by chief minister of west bengal

Can WB chief minister not be prosecuted for criminal threats intimidation ,where she has threatened the public to skin them on chanting religious slogans .It will certainly be not possible for state police to file a case against her or fight a case in WB . Can SC not take suo motu cognisance against such criminal threats by Govt functionary? Or if PIL can be filed in this case ?

She is under Oath of the high office and has violated that too 

Similarly - if Kejariwal says that some one wants to kill him, is it not required to file a criminal case and investigate?

Or any section of the law permits politicians to bad mouth, abuse , defame and threaten citizens
Asked 6 years ago in Constitutional Law

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7 Answers

It is true that such acts should be condemned and appropriate action must be taken but nobody does so. A complaint in this regard can be filed before a magistrate.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sate machinery is in her hand, police may not dare to investigate agasint her. But judiciary is at higher end for such lunatics, court complaint can be file, if court will find evidence and substance in complaint, will send for registration of FIR and than investigation. 

IF police files closer report, protest petition can be file against closer report, and on acceptance of protest petition, court will summon the CM and trial will commence on sanction of trial by governor.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

politicians cannot bad mouth abuse  , defame and threaten citizens 

 

2) as far as individual political personalities are concerned we refrain from commenting on them as we have not gone through the posts wherein they have allegedly threatened citizens 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

You can try filing PIL in high court in the aforesaid situation. 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Your concern about the country and the interests thereon can be understood. But who will bell the cat, are you ready to file any such case against the said CM?

The supreme court will not take suo motto action on it, somebody has to file a criminal case agaisnt her and it can be taken up through court of law.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Dear Client 

Yes they can pe prosecuted for their actions but it is politics and the people in power  don't take action because they know it will start a new era in politics as some day they will also be out of power and then other will take action against them

We can't understand it until we become part of it and most of the things or news shown in media now a days are politically motivated by one party or another to defame other party. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

There has been number of cases wherein SC has intervened sometimes Suo Moto, sometimes by bringing the case before then by someone may or may not be interested in party politician.

And it is not as simple to take any action, but yes if a detail proceed is been followed then CM can also be prosecuted for any offence of committed.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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