The Calcutta High Court on Friday directed Trinamool Congress MP Abhishek Banerjee to appear before the jurisdictional Judicial Magistrate on July 15, 2026, to provide his voice sample in connection with an investigation linked to his election campaign speech. The Court made it clear that the interim protection granted earlier was conditional upon his cooperation with the investigating agency and could not be used to resist investigative procedures.
Background of the Case
The matter arises from a criminal complaint filed after remarks allegedly made by Banerjee during the campaign for the West Bengal Assembly elections. According to the complaint, the speech contained statements that were perceived as intimidating, prompting the registration of a criminal case.
Earlier, on May 21, 2026, the High Court had protected Banerjee from coercive action until July 31 while directing him to fully cooperate with the investigation. During the probe, the trial court permitted the Criminal Investigation Department (CID) to collect his voice sample, following which Banerjee challenged that direction before the High Court.
Court Observation
Justice Saugata Bhattacharyya observed that recording a voice sample is a step in the investigation and therefore falls within the scope of the Court's earlier direction requiring cooperation.
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The Bench observed,
“The decision taken by the investigating authority for recording your voice sample comes under the umbrella of my earlier order. Irrespective of the Magistrate's order, you are bound to cooperate with the investigation.”
The Court declined to examine the merits of the Magistrate's order at this stage, noting that the earlier protection order itself required compliance with investigative notices.
Justice Bhattacharyya also expressed concern over the filing of a criminal revision petition before another Bench while the connected writ proceedings were already pending before him. The Court remarked that if any modification of the earlier order was required, the appropriate course was to seek relief before the same Bench instead of initiating parallel proceedings.
During the hearing, the Bench further remarked,
“This appears to be a ploy to frustrate the investigation after obtaining protection from this Court.”
Following these observations, Banerjee's senior counsel sought permission to withdraw the revision petition and stated that the legal strategy was based on counsel's advice.
Court Directs Police to Ensure Security
The Court also considered submissions regarding Banerjee's security during his appearance before the authorities. It directed the police to make adequate arrangements to ensure that he is not subjected to egg-pelting or any other form of harassment while appearing before the Magistrate or the investigating agency.
Decision
The Calcutta High Court directed Abhishek Banerjee to appear before the jurisdictional Judicial Magistrate at 12:00 noon on July 15, 2026, for recording of his voice sample. It reiterated that cooperation with the investigation is a condition attached to the interim protection granted earlier.
The criminal revision petition challenging the Magistrate's order was permitted to be withdrawn and was dismissed as withdrawn.
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