Kolkata:
In temporary relief for Trinamool Congress MP Tapas Pal, two judges of a division bench of the Calcutta High court today differed on the appeal in Trinamool Congress MP Tapas Pal's case.
Justice Girish Gupta set aside the order of Justice Dipankar Dutta who had directed filing of an FIR against Pal. Justice Gupta held that single judge order was illegal but he directed the police to deal with the complaint in accordance with law.
However Justice Tapabrata Chakraborty, the brother judge, dismissed appeals of both the West Bengal government and Tapas Pal.
The matter will now go to a third judge to be nominated by the Chief Justice who will decide on which verdict was correct.
The interim stay on Justice Dutta's order would however continue for three weeks, the division bench directed.
On August 1, after completing the hearing, the High Court had said it would give its verdict on August 13 and extended the stay on registration of FIR against Pal for his 'shoot and rape' comments.
It had extended the stay till August 14 on the execution of a single bench order directing registration of an FIR and CID probe against Pal for his objectionable comments against women.
Justice Dipankar Dutta had earlier ordered registration of FIR and transfer of the case to CID within 72 hours.
While this cannot be considered an outright victory for the state government, it can take positives from the difference of opinion and the fact that one judge at least agreed with the state.