Trinamool MP Abhishek Banerjee cannot be forced to make a statement against himself, the Calcutta High Court said on Thursday, as it heard a petition filed by him related to alleged forgery of signatures of newly elected TMC MLAs. Banerjee was granted protection from coercive measures for three weeks.
Hearing arguments from Banerjee’s lawyers and those seeking the probe, the court reportedly asked the Trinamool leader to appear before the CID, indicating that he was ready to cooperate.
“You cannot force an accused to make statements against himself in this way. He can say he does not know. You search and seize, and interrogate him,” the Supreme Court bench said, according to a report. LiveLaw a report.
The fake signature controversy erupted weeks after the TMC suffered a crushing loss in the West Bengal Assembly elections. After submitting documents to the West Bengal Assembly regarding the appointment of Leader of Opposition and Chief Whip of the party, some legislators claimed that the signatures of some members were either forged or placed without approval.
What Abhishek Banerjee told the court
In Banerjee’s defence, his lawyer said the TMC member was not part of any meeting where the decision was taken and only submitted reports to the Speaker in his capacity as the party’s general secretary. His lawyer also questioned the necessity of seeking custody of Banerjee when he was actually ready to cooperate.
The petitioner said: “They want to detain me to secure the document. Did I eat the document? They want to operate and take it out? They can only ask for custody for interrogation. I say I will cooperate fully. What is the need for custody?”
However, the side seeking custody of Banerjee argued against granting protection to Banerjee, saying at least five MLAs claimed the signatures were forged. In seeking the original decision, the lawyers said he was “accused” and should be questioned.
The CID took over the investigation after an FIR by the association’s secretary. The Calcutta High Court granted Banerjee protection from coercive action for three weeks and directed him to appear before the CID at its Bhabani Bhaban headquarters by 6 pm.
