Calcutta High Court Grants Interim Protection to Abhishek Banerjee
In a significant legal development, the Calcutta High Court has extended protection to All India Trinamool Congress (TMC) leader and Diamond Harbour Member of Parliament, Abhishek Banerjee, from coercive actions in relation to three additional FIRs. These FIRs are associated with allegations concerning the Sevashray medical camps. The case, Abhishek Banerjee v. State of West Bengal & Ors., was presided over by Justice Saugata Bhattacharyya, who expressed strong disapproval of the State government’s decision to file multiple FIRs against Banerjee.
Justice Bhattacharyya’s Warning to the State
During the proceedings, Justice Bhattacharyya warned the State against the continued filing of similar complaints and FIRs. He indicated that the court might consider issuing a blanket order to prevent further FIRs against Banerjee without judicial consent. “Every day issues coming one after another based on one complaint and another. If this thing goes on, then I am telling you that I am going to pass an order for blanket injunction,” the judge asserted.
Concerns Over Repeated FIRs
The court acknowledged the growing concern over the repetitive nature of the cases being registered. Justice Bhattacharyya referenced a precedent involving West Bengal BJP leader Suvendu Adhikari, where a similar order had been passed by a coordinate bench, preventing new FIRs without court permission. “Enough is enough. From May 2026, I am hearing these matters. Now I am going to pass, relying upon Suvendu Adhikari’s order passed by a coordinate bench. I am telling you, that now I am fed up. That I am going to pass an order directing not to register any FIR without the leave of this court,” he added.
Examination of FIR Allegations
The ongoing hearing of Banerjee’s third writ petition focused on criminal cases filed against him. The FIRs call into question issues such as medical negligence, the use of expired medicines, and the lack of statutory permissions for certain medical procedures at Sevashray camps. The court questioned the necessity of custodial interrogation given the lack of a direct connection between Banerjee and the alleged offences. “Where is the requirement of custodial interrogation?” the court inquired.
Arguments and Court Directives
The State argued that the investigation was in its early stages and maintained that Banerjee, who organized the Sevashray camps, might be linked to statutory violations through subordinates. It was also mentioned that expired medicines had been confiscated and that allegations of illegal sex determination were part of the probe. However, Senior Advocate Gopal Sankaranarayanan, representing Banerjee, contended that the FIRs were part of a systematic attempt to target the TMC leader, despite prior court orders granting him protection from coercive measures.
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Interim Protection and Compliance Orders
The court ruled that the police should refrain from taking any coercive actions against Banerjee regarding the three FIRs until November 30, 2026, or until further orders. Nonetheless, it clarified that this protection would not hinder the investigation. “Investigation should not be stopped. Let police investigate. Continue with their investigation,” the court stated. Banerjee is expected to cooperate with the investigation and respond to any notices from the investigating agency, with the police required to provide at least 48 hours’ notice prior to his appearance.
Next Steps and Further Proceedings
Banerjee’s legal team informed the court of his overseas travel for medical treatment, approved by a Supreme Court order dated August 10, with his return scheduled for September 22. Consequently, the High Court instructed the police to deliver any notices after September 24. The matter has been scheduled for further hearing on November 23.
