The Calcutta High Court on September 7, granted interim protection to Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee in three FIRs connected with allegations arising from medical camps organised under the Sevashray initiative.
Justice Saugata Bhattacharyya directed the police not to take coercive steps against Banerjee until November 30, 2026, or until further orders. The Court, however, made it clear that the protection would not stop the ongoing investigation.
Background of the Case
The proceedings arose from criminal complaints concerning alleged irregularities in the conduct of medical camps, including allegations relating to clinical practices and medicines. Banerjee approached the High Court challenging the FIRs and seeking protection from coercive action.
Senior Advocate Gopal Sankaranarayanan, appearing for Banerjee, submitted that the latest FIRs were part of a continuing series of complaints despite earlier interim orders protecting his client.
The State, on the other hand, maintained that the investigation was still at an early stage and that Banerjee could potentially be connected to the alleged violations through persons working under him.
Court Questions Banerjee's Direct Connection
During the hearing, the Court questioned whether there was material showing Banerjee's direct involvement in the acts alleged in the FIRs. It also questioned the necessity of custodial interrogation at this stage.
The Court observed:
"You investigate and file your chargesheet. Custodial interrogation is not required."
The Bench also took note of submissions that some of the complaints had been filed by a political rival who had previously contested elections against Banerjee.
The Court referred to its earlier proceedings in which interim protection had already been granted and noted that some of the subsequent FIRs originated from complaints made by the same respondent.
Court Warns Against Repeated FIRs
The Court expressed concern over what it viewed as a continuing series of complaints and indicated that it could consider a broader order if similar FIRs continued to be registered.
While dictating the order, Justice Bhattacharyya said:
"Enough is enough. I have been hearing these matters from 4th May. Now I am going to pass orders relying on the one passed in Suvendu Adhikari's case by a coordinate bench."
The Court indicated that it may consider requiring prior permission before any further FIR is registered against Banerjee, while clarifying that the issue was not finally decided in the present order.
Decision
The Calcutta High Court directed the police not to take coercive steps against Abhishek Banerjee in connection with the three FIRs until November 30, 2026, or until further orders.
The investigation was permitted to continue. Banerjee was directed to cooperate with the investigating agency and comply with notices issued to him. The Court also directed that he be given at least 48 hours' notice before requiring his appearance.
As Banerjee was stated to be abroad, the Court directed that any notice requiring his appearance be issued after September 24.
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