2 hrs ago
High Court Rejects Abhishek Banerjee FIR Plea, Limits Police Action
The court looked at three police cases involving Abhishek Banerjee and health camps called Sebaashray.
The cases claimed there were problems with the camps, including alleged wrong treatment.
Banerjee asked the court to cancel the cases, saying they were meant to harm his reputation.
The court did not cancel the cases.
However, it said police could not take forceful action against him until November 30.
Police also cannot summon him before September 26.
The judge said the investigation can continue.
The court also allowed the Trinamool Congress to challenge an order asking it to leave an office on Camac Street.
The Calcutta High Court rejected Abhishek Banerjee’s plea to quash three FIRs linked to alleged Sebaashray health-camp irregularities.
Justice Saugata Bhattacharyya directed police not to take coercive action against Banerjee until November 30.
Investigators were told not to issue Banerjee summons before September 26 because he was expected to return from overseas eye treatment on September 22.
The three cases were filed by the same person at Bishnupur and Rabindra Nagar police stations on July 4, 11 and 23.
The court said investigations could continue and ordered that no further case be filed against Banerjee without prior court permission.
- Who
- Trinamool Congress MP Abhishek Banerjee, the police, and the complainant who filed three cases.
- What
- The high court rejected Banerjee’s request to quash three FIRs but temporarily restricted coercive police action against him.
- Where
- The cases were filed at Bishnupur and Rabindra Nagar police stations, and the proceedings were heard in the high court.
- When
- The ruling was issued on Monday; the FIRs were filed on July 4, 11 and 23, and protection from coercive action lasts until November 30.
- Why
- The cases concern alleged irregularities and alleged wrong treatment at Sebaashray health camps; Banerjee said they were intended to malign him.
Banerjee and His Counsel
Police Case and Court Proceedings
Whether the FIRs should continue
Banerjee and His Counsel
Banerjee sought to quash the proceedings and claimed the cases were filed only to malign him. His counsel also questioned the differing allegations in the three cases.
Police Case and Court Proceedings
The court rejected the request to quash the FIRs and said investigations into the three cases should continue.
Alleged health-camp misconduct
Banerjee and His Counsel
Banerjee’s counsel pointed out that one case sought an investigation, another did not make a complaint against Banerjee, and the third alleged wrong treatment.
Police Case and Court Proceedings
The judge said the court had not prima facie found substance establishing Banerjee’s misconduct, while noting that an alleged injury caused by doctors could amount to a medical-negligence matter for the Medical Council.
Further police action
Banerjee and His Counsel
Banerjee received temporary protection from coercive action and summons while he returned from overseas treatment.
Police Case and Court Proceedings
Investigators may continue investigating, but the court barred coercive action until November 30 and required prior permission for any further case.
Key facts
- FIRs involved
- Three separate cases
- Police stations
- Two cases at Bishnupur and one at Rabindra Nagar
- FIR dates
- July 4, July 11 and July 23
- Protection period
- No coercive action against Banerjee until November 30
- Summons restriction
- Investigators cannot issue summons before September 26
- Expected return
- Banerjee was expected to return to India on September 22 after overseas eye treatment
- Additional court action
- No further case against Banerjee without prior court permission
- Trinamool Congress office
- The party was allowed to challenge a notification directing it to vacate its office at 9, Camac Street
Quotes
Justice Saugata Bhattacharyya
High court judge hearing Abhishek Banerjee’s petition
“The petitioner (Abhishek) has been allowed by the Supreme Court to go abroad for his eye treatment, and it has been informed that he will return to the country on September 22. So the investigators are directed not to issue any summons against the petitioner before September 26.”
telegraphindia.com
“It has also been alleged that due to the negligence of Sebaashray doctors, the lower limb of a patient was damaged. But if that is so, there should be a case of medical negligence, which can be lodged at the Medical Council.”
telegraphindia.com
Sources
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