1 week ago
Calcutta High Court Protects Abhishek Banerjee in Three FIRs
The Calcutta High Court temporarily protected TMC leader Abhishek Banerjee from being arrested or otherwise pressured by police in three cases.
The judge said police did not need to question him while he was in custody.
Banerjee still has to cooperate with investigators.
Police must give him at least 48 hours’ notice before asking him to appear.
The protection lasts until November 30 or until the court changes its order.
Banerjee had asked the court to consider 16 FIRs, but details were available for only three.
The court said one petition could address the three similar cases instead of requiring separate petitions.
The order does not cancel permission previously given by the Supreme Court for medical travel abroad, but the High Court said foreign travel requires its permission.
The police must submit an investigation progress report when the matter is heard again.
The Calcutta High Court barred police from taking coercive action against Abhishek Banerjee in three FIRs until November 30 or further orders.
Justice Saugata Bhattacharyya said custodial interrogation was unnecessary and required police to give Banerjee at least 48 hours’ notice before questioning him.
Banerjee must cooperate with the investigation and cannot travel abroad without the High Court’s permission, subject to the Supreme Court’s medical-treatment order.
The court considered FIRs registered at Bhabanipur, Kalitala and Bishnupur police stations, while declining to examine other cases lacking details.
The court rejected the state’s objection to challenging multiple FIRs in one petition, saying separate petitions could create unnecessary litigation.
- Who
- Trinamool Congress leader and MP Abhishek Banerjee; the Calcutta High Court and West Bengal police are involved.
- What
- The court granted Banerjee protection from coercive police action in three FIRs and set conditions for his cooperation and travel.
- Where
- The Calcutta High Court considered FIRs registered at Bhabanipur, Kalitala and Bishnupur police stations.
- When
- The order was issued on Tuesday, with protection continuing until November 30 or further orders; the matter is scheduled for a further hearing on November 23.
- Why
- The court held that custodial interrogation was unnecessary and that examining multiple similar FIRs in one petition would avoid a multiplicity of litigation.
Banerjee’s Position
State’s Position
Challenge to multiple FIRs
Banerjee’s Position
Banerjee sought relief against multiple FIRs through a single petition, arguing that the complaints were unreasonable and that similar proceedings should be considered together.
State’s Position
Solicitor General Tushar Mehta, representing the state, objected that a single petition challenging multiple FIRs was not maintainable.
Need for custodial interrogation
Banerjee’s Position
Banerjee sought protection from coercive action and argued against being subjected to custodial proceedings in the cases.
State’s Position
The state opposed the requested relief, while the court ultimately held that custodial interrogation was not necessary.
Scope of the court’s review
Banerjee’s Position
Banerjee sought relief in 16 FIRs.
State’s Position
The court said it could examine only the three FIRs for which specific details had been provided and declined to rule on the others.
Key facts
- Protection
- No coercive action against Banerjee in the three FIRs until November 30 or further orders.
- FIR locations
- Bhabanipur, Kalitala and Bishnupur police stations.
- Police notice
- Investigators must give Banerjee at least 48 hours’ notice before requiring his appearance.
- Investigation duty
- Banerjee must cooperate with the police and comply with investigation notices.
- Travel condition
- The High Court directed that he not travel abroad without its permission.
- Medical travel
- The order stated it would not curtail the Supreme Court’s August 10 permission for overseas medical treatment, subject to that order’s conditions.
- Next step
- Police must file an investigation progress report when the case is taken up again on November 23.
Quotes
Justice Saugata Bhattacharyya
Calcutta High Court judge hearing Banerjee’s petition
“The order passed today shall not in any way curtail the right of the petitioner to go abroad for treatment in terms of the order passed by the Hon’ble Supreme Court on August 10, 2026, for treatment, subject to compliance of conditions mentioned in the said order.”
theprint.in
“Relegating the petitioner to file different writ petitions questioning separate FIRs would only lead to multiplicity of litigations that is not found to be a prescription of law to administer justice.”
theprint.in
Sources
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