TMC national general secretary Abhishek Banerjee. (File Photo | ANI)
West Bengal

Calcutta HC grants Abhishek Banerjee protection from coercive action over his rally remarks

The court noted Banerjee’s remarks were aired on news channels and published in newspapers and asked if they reflected the position of TMC general secretary and Lok Sabha MP.

Subhendu Maiti

KOLKATA: Abhishek Banerjee, national general secretary of the Trinamool Congress and party MP from Diamond Harbour constituency in South 24 Parganas district of West Bengal, heaved a sigh of relief after the Calcutta High Court (HC) on Thursday, in an interim order, directed the state police not to take any coercive action against him till July 31.

The HC has also directed Abhishek, who is also a nephew of former West Bengal Chief Minister (CM) Mamata Banerjee, not to leave India without prior permission of the court.

Abhishek had moved the HC anticipating his arrest as he was booked in an FIR lodged with the Bidhannagar Cyber Crime Police Station (PS) for allegedly making objectionable remarks against Union Home Minister Amit Shah during a poll rally.

During a hearing held in the HC on Thursday, it, however, also observed that it was not necessary to take the Trinamool Congress leader into police custody for interrogation at this stage.

The court has also made it clear that the Diamond Harbour MP must fully cooperate with the investigation. The bench observed that the allegations mentioned in the FIR required a thorough probe and allowed the investigation to continue.

Justice Saugata Bhattacharyya said that the interim protection was being granted subject to the condition that Abhishek Banerjee cooperate with the police investigation.

"At this stage, the Court directs the police not to take any coercive action against the petitioner (Banerjee) till July 31. However, the petitioner has to cooperate with the investigation," the court ordered, sharply criticising the remarks he made against Shah.

"In the event the petitioner does not cooperate with the investigating agency, the concerned state respondent will be at liberty to approach the court with appropriate application. Petitioner shall not go abroad without the leave of the court," the court added.

The investigating agency may also summon him if it considers it necessary for the sake of investigation, but the notice should be served at least 48 hours in advance so that he is given time, the court directed.

The court sharply criticised the remarks made by Banerjee.

Abhishek is reported to have said at an April 7 roadshow, "I will see who comes to save them on May 4. I will see which godfather (allegedly referring to Amit Shah) from Delhi comes to their rescue."

The Trinamool Congress general secretary has been facing wrath from a section of his party colleagues after the party, headed by Mamata Banerjee, suffered a disastrous defeat to the BJP by bagging only 80 out of 293 assembly constituencies (except Falta in South 24 Parganas) in the Bengal elections. BJP secured a landslide victory for the first time in the state by winning 207 seats, defeating the three-time Trinamool Congress government that had been in power since 2011.

Abhishek, the number two leader after Mamata in the party, has also been served notices by the party-ruled Kolkata Municipal Corporation over his alleged disproportionate properties in the city.

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