The Calcutta High Court on Monday indicated that it may restrain the registration of further FIRs against Trinamool Congress (TMC) leader and Diamond Harbour MP Abhishek Banerjee without prior permission of the Court, amid allegations that multiple criminal complaints were being filed against him despite earlier interim protection.
The Calcutta High Court, presided over by Justice Saugata Bhattacharyya, on Monday indicated that it may restrain the registration of further FIRs against Trinamool Congress (TMC) leader and Diamond Harbour MP Abhishek Banerjee without the leave of the Court.
The Court made the observation while hearing Banerjee’s plea concerning an FIR arising from a complaint alleging irregularities in clinical practice and the use of fake medicines. Senior Advocate Gopal Sankaranarayanan appeared for Banerjee.
The Court voiced dissatisfaction with the complaints presented, questioning how the allegations were linked to Banerjee. Observing that nothing is connected to the petitioner across the three complaints reviewed, the Court ruled that while the police may investigate and file a chargesheet, custodial interrogation of Banerjee is not warranted at this stage.
When the Additional Advocate General (AAG) submitted that the case concerned fake medicines and that the complainant was a whistleblower, the Court questioned the alleged connection with Banerjee.
The Court further noted that the complainant was a political rival who had unsuccessfully contested elections against Banerjee. The AAG, however, argued that although Banerjee may not have directly committed the alleged acts, the investigation could establish a connection through his subordinates.
The Court ultimately directed that no coercive steps be taken against Banerjee till November 30, while permitting the State to issue notice and directing Banerjee to appear and cooperate with the investigation.
Banerjee’s counsel submitted that the present proceedings formed part of a series of criminal complaints allegedly filed to circumvent protection previously granted by the High Court.
Referring to proceedings concerning BJP leader Suvendu Adhikari, Sankaranarayanan submitted that Banerjee had received interim protection in earlier petitions in May and June, following which several fresh FIRs were registered.
He said seven of 16 complaints had been filed by a political opponent and urged the Court to prevent what he described as repeated attempts to bypass its earlier orders.
The Court noted that two earlier writ petitions had challenged four criminal prosecutions and that interim orders had directed the police not to take coercive steps against Banerjee. It also recorded that, in one of those petitions, two of three FIRs originated from complaints filed by the same respondent, who had earlier been described as Banerjee’s political rival.
At the same time, the Court cautioned that the investigation was still at a preliminary stage and that it would not conclusively assess the allegations at the interim stage.
Pointing out that the probe is just beginning, the Court refrained from detailing its views on the interim relief prayer, trusting the investigation to bring out the facts. Nevertheless, the Bench cautioned that it might issue a wider order if successive complaints persist, warning against persistent filings, the Court stated that it would issue a blanket order restraining any future FIRs if the pattern continues.
Sankaranarayanan clarified that Banerjee was not seeking an absolute prohibition on FIRs, but suggested that the police could be required to obtain the Court’s leave before registering any fresh case against him.
The Court said it would consider the suggestion, noting that the issue had not yet been decided. Since Banerjee was stated to be abroad, the Court clarified that the police could take further steps after his return.
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