The All India Trinamool Congress (TMC) has approached the Calcutta High Court, challenging the legality of a pre-dawn police raid at the residence of its prominent leader, Abhishek Banerjee. The raid, which took place in the early hours of June 13, has raised significant legal questions, prompting a judicial review.
Presiding over the matter, Justice Saugata Bhattacharya has directed the State to submit a detailed response to the TMC’s petition. In a bid to ensure transparency, the court has also ordered the preservation of CCTV footage from Banerjee’s residence, as well as all audiovisual records held by the police pertaining to the operation. The case will be revisited once the State files its response and the TMC submits an affidavit in reply.
In the court’s order, Justice Bhattacharya stated, “Since the propriety of the search and seizure operation conducted on June 13 is questioned in this writ petition, there is no scope for passing any interim order today. Let an affidavit in opposition to this writ petition be filed three weeks from the date, with an affidavit in reply thereto, if any, two weeks after. Parties shall be at liberty to mention the matter before the appropriate bench for hearing after the time fixed herein for the exchange of affidavits.”
The focal point of the controversy is the police’s search operation at Banerjee’s Kalighat residence. Reports suggest that the raid aimed to apprehend Sumit Roy, an aide to Banerjee, who is implicated in a land fraud case. Police claims indicate that mobile tower data placed Roy at Banerjee’s residence, justifying their actions.
Representing the TMC, Senior Advocate Kishore Datta expressed strong opposition to the manner of the police’s entry and subsequent raid, suggesting it was an overreach of authority. “I am not questioning the investigation; I am not ipso facto against the search and seizure. I am against the misuse of powers by the police. In the name of investigation, you cannot go to somebody else’s house in the middle of the night in a case concerning allegations from May 2021,” Datta argued.
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The court questioned the timing of the raid, prompting Additional Advocate General Rajdeep Mazumder to defend the police’s actions. “It was not dead at night. They were knocking on the door. Persons were confined from 12 AM,” Mazumder explained. He further justified the police’s actions, citing Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and emphasizing compliance with legal procedures.
Datta urged the court to ensure the preservation of any footage from the raid, arguing that such evidence is crucial while the TMC’s plea is pending. Mazumder assured the court that the CCTV footage was in Banerjee’s possession, as it was his property. However, Datta pressed for the preservation of any body cam or other footage held by the police.
Mazumder further mentioned that the State would submit evidence showing how former Chief Minister and TMC leader Mamata Banerjee entered the raided premises, a fact that he claimed was under scrutiny in the Supreme Court.
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Ultimately, the Calcutta High Court has ordered the preservation of all audio and video records related to the search and seizure operation conducted on June 13, ensuring that all relevant evidence will be available for future court proceedings.
