The Calcutta High Court on Thursday granted interim protection to Trinamool Congress MP Abhishek Banerjee in connection with an FIR lodged over remarks allegedly made against Union Home Minister Amit Shah during an election rally ahead of the West Bengal Assembly polls.
Justice Saugata Bhattacharyya directed the West Bengal Police not to take any coercive action against Banerjee till July 31, while making it clear that he must cooperate with the investigation.
Background of the Case
The FIR was registered following a complaint accusing Banerjee of making provocative and threatening remarks during a public meeting held on April 7. The complainant alleged that the statements targeted BJP leaders and could incite political hostility.
One of the remarks cited in the complaint referred to a “godfather from Delhi,” allegedly aimed at Amit Shah. The complaint further claimed that the statements carried the potential to trigger post-election unrest.
Police invoked provisions of the Bharatiya Nyaya Sanhita relating to promotion of enmity, criminal intimidation, and circulation of information likely to incite hatred, along with provisions of the Representation of the People Act.
Court’s Observations
During the hearing, the Court questioned the nature of the statements made by Banerjee during the election campaign.
“Being a Member of Parliament, how such statement could have been made,” the Bench observed, adding that the remarks were “uncalled for.”
The Court also referred to the political history of post-poll violence in West Bengal and remarked that such statements made close to elections raised concern.
Senior Advocate Kalyan Bandyopadhyay, appearing for Banerjee, argued that the criminal case was politically motivated and amounted to malicious prosecution. He contended that no actual violence had been linked to the speech in question.
The State government opposed interim protection, arguing that Banerjee was already safeguarded under the law and no special order was necessary.
Court’s Decision
Granting interim relief, the High Court directed Banerjee to comply with all notices issued by the investigating agency and cooperate with the probe. The Court also ordered that police notices must provide at least 48 hours’ time to him.
The Bench further directed that Banerjee shall not leave the country without prior permission of the Court.
