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The Calcutta High Court on Thursday, May 21, provided a major legal relief to senior Trinamool Congress (TMC) leader and general secretary Abhishek Banerjee. The court has granted him protection from coercive action till July 31 in connection with the FIR lodged in connection with the statements made during an election public meeting last month.
What is the whole matter?
Abhishek Banerjee (MP from Diamond Harbor) had filed a petition in the High Court seeking quashing of the FIR, which was registered over his statements made at a public meeting on April 27, just before the second phase of West Bengal Assembly elections. According to the complaint, Banerjee is accused of threatening Union Home Minister Amit Shah.
Court’s strict comments and instructions
During the hearing, Justice Saugata Bhattacharya expressed strong displeasure over the statements of Abhishek Banerjee and gave several important instructions:
Questions on dignity: The court asked whether making such inappropriate and ‘irresponsible’ statements from a public forum is in keeping with the dignity of an MP and national level leader?
Cooperation in investigation: The court has directed Banerjee to comply with all the notices sent by the investigating officer and cooperate fully in the investigation process.
Ban on foreign travel: The court has made it clear that Abhishek Banerjee will not be able to leave the country without the permission of the court.
Comment on the history of violence: During the hearing, the court also mentioned the history of post-poll violence in West Bengal and asked that if such statements are made, what will be the situation in the state?
Heated argument between judge and lawyer
Senior advocate Kalyan Bandopadhyay was representing Abhishek Banerjee in the court. The situation became interesting during the hearing when there was a long argument between the judge and the lawyer:
Lawyer’s side: Kalyan Bandopadhyay argued that this FIR has been filed with malicious intent after the change of power. Referring to the beating of an MP during the elections, he asked to see it in political context.
Judge’s answer: Justice Saugata Bhattacharya, refusing to open the books of old controversies, said that the public has given the mandate with the expectation of major changes, hence there should be responsibility in the statements.
What will happen next?
Additional Advocate General Rajdeep Majumdar, appearing for the state government, opposed Banerjee’s plea, but assured that the investigation would be conducted within the ambit of law. Now the next hearing of this case will be on July 20. Till then Abhishek Banerjee will be exempted from arrest or any punitive action.