Calcutta High Court protects TMC MP Abhishek Banerjee in FIR over poll rally remarks
The Calcutta High Court directed Banerjee to cooperate with the probe and comply with the notices sent to him by the investigating officer.
TMC MP Abhishek Banerjee (File photo). The Calcutta High Court on Thursday granted TMC leader Abhishek Banerjee protection from coercive action till July 31 in an FIR over his remark at a public meeting against Union Home Minister Amit Shah at an election rally last month, and asked if it was appropriate for a parliamentarian to make unwarranted statements.
Justice Saugata Bhattacharyya directed Banerjee, the TMC’s national general secretary, to cooperate with the probe and comply with notices sent to him by the investigating officer. The court also directed him not to travel abroad without the leave of the court.
“Having considered submissions and taking note of the nature of the alleged offence, the court finds custodial interrogation of the petitioner is not required. Furthermore, the right of the petitioner is protected under Section 35(3) BNSS. At this stage, the court directs the Police not to take any coercive steps against the petitioner till July 31 or till further order, whichever is earlier,” the HC said.
The court directed that the petitioner has to cooperate with the investigating agency regarding the investigation and shall comply with the notices if issued to the petitioner. The notices shall be issued giving at least 48 hours time to the petitioner, the court added.
In the event the petitioner does not cooperate with the investigating agency, the state respondent concerned will be at liberty to approach the court with an appropriate application. The petitioner shall not go abroad without the leave of the court, it said.
The case was filed following a complaint lodged by one Rajiv Sarkar, who alleged that the TMC national general secretary issued threats to Shah and other BJP leaders.
“He (Abhishek) used strong language, challenging Amit Shah to face the public without central security after the election results, and claimed that the Trinamool Congress would finish the game that he alleged was started by the BJP,” Sarkar said.
“It is not about Abhishek Banerjee. Any political leader who uses such language and threats against another political leader is unacceptable. On May 5, I went to the Baguiati police station with the complaint. They told me to approach the cybercrime branch. Then I lodged a complaint with the Bidhannagar Cyber Crime department on May 5. Thereafter, they notified today (Friday) that an FIR has been registered,” Rajiv Sarkar had told The Indian Express over the phone.
Justice Saugata Bhattacharyya was dealing with a plea of TMC leader Abhishek Banerjee.
Quoting Banerjee’s remarks at a rally in Kolkata on April 7, Sarkar wrote in his complaint, “I will see who comes to save them on May 4. I will see… which godfather from Delhi comes to their rescue.”
Police said the FIR has been registered under BNS sections 196 (promotion of enmity, hatred), 351 (criminal intimidation), and 353(1)(c) ( circulation of false information, rumors to incite hatred), among others. Section 196 of the BNS is a non-bailable offence with imprisonment of three years and a fine.
Banerjee has also been booked under Section 123(2) and Section 125 of the Representation of the People Act, 1951.
Also on Thursday, the High Court granted interim protection from coercive action to TMC MLA Paresh Ram Das in connection with six FIRs registered against him.
Passing the interim order, Justice Saugata Bhattacharyya directed that the investigation would continue in accordance with the law and asked the MLA to cooperate with the investigating agency.
The court also directed Das to comply with any notices issued by investigators.
Observing that five of the six FIRs relate to incidents dating back to 2021, Justice Bhattacharyya ordered that no coercive action be taken against the MLA without the court’s permission till June 30 or until further orders, whichever is earlier.
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