The Calcutta High Court on Thursday granted protection from coercive action to Trinamool Congress (TMC) MP Abhishek Banerjee till July 31 in an incitement to speech case. But the lawyers said that the court ordered him to appear personally before the investigating officers and prevented him from leaving the country without the court’s permission.
“We have sought protection from the court as we feel the charges are politically motivated. The court heard our plea and granted relief to Abhishek Banerjee. The investigation will continue but the court ordered the police to serve him notices for personal appearance 48 hours in advance,” the MP’s lawyer, Sirsanya Banerjee, told the media after Justice Sujata Bhattacharya passed the order.
Banerjee requested permission to actually appear before the police, but the court rejected the request.
The case is scheduled to be heard again on July 20.
Bidhannagar Police Commissionerate registered a first information report on May 15 against Banerjee on charges of making inflammatory statements in some of his speeches posted on social media. The FIR, a copy of which was seen by HT, was registered under four sections of the Bharatiya Nyaya Sanhita (BNS) Act and two sections of the Representation of the People Act. Two of the charges are non-bailable.
Additional Solicitor General of the State Rajdeep Majumder opposed Banerjee’s plea, which sought quashing of the FIR.
The complaint was registered at the cybercrime police station in Bidhannagar on the basis of a written complaint filed by a local resident Rajib Sarkar on May 5, a day after the Bharatiya Janata Party (BJP) defeated the TMC. Sarkar alleged that Banerjee made unacceptable and inflammatory statements against Union ministers and rival parties.
“Taking these accusations seriously, Justice Bhattacharya wondered how an All India General Secretary of the (then) ruling party and a Member of Parliament could make such statements,” said a lawyer who was present during the hearing, requesting anonymity.
The judge referred to the alleged objectionable speeches mentioned in the complaint as “irresponsible statements,” the lawyer said.
“The judge noted that Bengal has a history of post-election violence and wondered what Banerjee’s statements could lead to if the TMC wins the elections,” the lawyer said.
Charges have been registered under sections 192 (deliberately or maliciously provoking with intent to create riot), 196 (promoting enmity, hatred or ill will between different groups on grounds of religion, race, language or community), 351 (2) (criminal intimidation) and 353 (1) (c) (creating, publishing or circulating false information, rumours, or reports with intent to promote or incite). Hatred, hostility or ill will between different religious, racial, linguistic or regional groups or classes) in the BNS.
Charges have been registered under the Representation of the People Act under Section 123(2) (any direct or indirect interference or attempted interference by a candidate or his or her electoral agent, or any other person with the consent of the candidate or his or her electoral agent, with the free exercise of any electoral right) and Section 125 (promoting hostility between classes in relation to elections on grounds of religion, race, caste, community or language).
Rajib Sarkar told HT after registering the FIR that he acted as a responsible citizen.
He said: “I am a social worker. I do not believe that any responsible public figure can make such statements publicly.”
In one of the speeches mentioned in the complaint, Banerjee made some remarks about Union Home Minister Amit Shah.
Reacting to the court order, Bangladesh BJP president Samik Bhattacharya said: “It appears that Abhishek Banerjee was desperate to meet Amit Shah. He should go to Delhi now and fulfill his desires.”
