The Supreme Court has stayed the Calcutta High Court’s order disqualifying TMC leader Mukul Roy, citing the need to verify electronic evidence amid concerns over AI manipulation, and issued notice to respondents, listing the matter for hearing after four weeks.
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NEW DELHI: The Supreme Court of India has stayed the Calcutta High Court verdict that disqualified senior Trinamool Congress (TMC) leader Mukul Roy as a Member of the Legislative Assembly (MLA) of West Bengal. The decision comes after concerns were raised regarding the authenticity of electronic evidence used in the High Court proceedings.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi stayed the High Court’s November 13, 2025, order. This order had declared Mukul Roy disqualified for defecting from the Bharatiya Janata Party (BJP) to the TMC, the ruling party in West Bengal.
The Supreme Court also issued notices to Roy, West Bengal Leader of Opposition Suvendu Adhikari, and BJP MLA Ambika Roy, whose petitions led to Mukul Roy’s disqualification. The respondents have been asked to file their replies within four weeks, after which the matter will be listed for further hearing.
During the hearing, the Court flagged the reliability of electronic evidence that showed Mukul Roy attending a TMC press conference. Chief Justice Kant noted the possibility of manipulation using Artificial Intelligence (AI) tools and emphasized that electronic evidence must be thoroughly verified before it can be considered valid.
“See there is AI etc, we don’t know whose face etc is there. Electronic evidence has to be tested,”
the CJI stated.
Background: Mukul Roy’s Defection
Mukul Roy, previously associated with the TMC, was elected as an MLA from Krishnanagar Uttar constituency on a BJP ticket in May 2021. He joined the TMC in June 2021, shortly after the party secured a majority in the state assembly under Chief Minister Mamata Banerjee.
Following his defection, Suvendu Adhikari and Ambika Roy filed petitions seeking his disqualification under the Tenth Schedule of the Constitution (Anti-Defection Law). While the Speaker of the West Bengal Legislative Assembly initially rejected the plea in 2022, the High Court later overturned the decision, ruling that Mukul Roy had indeed defected.
The Calcutta High Court, in its November 2025 verdict, also set aside Roy’s nomination as the chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly. The court applied the preponderance of probabilities test and noted that Roy did not deny his presence at the TMC press conference, nor the contents of the event.
The Supreme Court stayed the High Court verdict, effectively staying Roy’s disqualification. The case has been posted for hearing after four weeks, providing both parties time to submit their responses.
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