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Extends to Abhishek Banerjee, Cites Changed Political Scenario
The on Tuesday extended the from arrest granted to leader and Diamond Harbour MP Abhishek Banerjee in three pending criminal cases until , while questioning the prosecution's assertion that Banerjee remains a powerful figure capable of influencing police investigations. Justice Saugata Bhattacharyya, hearing Banerjee's plea for quashing of multiple FIRs, observed that the political landscape in West Bengal has fundamentally changed since the assumed power on , and that the argument of influence no longer holds ground. The court's remarks came during a heated hearing where the state, represented by , opposed any further protection, asserting that the FIRs disclosed and that was necessary.
Background and Procedural Posture
Banerjee has been embroiled in a series of criminal cases since the change of government in West Bengal, with the total number of FIRs against him now reaching 16. He had secured in 13 of these cases through prior court orders. The three FIRs at issue in Tuesday's hearing were registered at the Bhowanipore, Kalitala, and Bishnupur police stations—all filed after , 2025, following the declaration of election results. Banerjee's counsel, , argued that these FIRs were politically motivated and part of a pattern of harassment under the new administration. He also noted that only the first pages of the FIRs were available online and sought complete copies along with the complaints, a request the court granted.
The court also allowed the state police to furnish copies of all FIRs and complaints to Banerjee's legal team, ensuring full transparency as the matter proceeds.
The Influence Argument: A Judicial Rebuke
The core of the state's opposition rested on the claim that Banerjee, as a senior TMC leader, retains significant political clout that could hamper the investigation and intimidate witnesses. Counsel for one of the complainants, , went so far as to describe Banerjee as a "super influential person" and argued that if he remains outside custody, no common man would come forward to depose against him.
Justice Bhattacharyya, however, turned this argument on its head. He pointed to the recent demolition of a property that served as Banerjee's MP office at Amtala, which the TMC leader's team claimed was linked to , a company in which Banerjee is a director. The judge observed:
"If he is so influential, how his office in Amtala is being demolished? Where a of the court had to interfere (to stall the demolition)? It does not support your contention that the petitioner is very influential. Whether any influential person's office is being demolished within his constituency?"
The court further highlighted that the demolition proceedings commenced on a Friday evening, forcing judges to sit over the weekend to address the urgency—a pattern the judge noted has become common since the political change.
"Before the era of the present political dispensation, this could have been done? I am asking everybody. So it goes to show, the situation is changed,"
he remarked.
Timing and Motive: The Court's Scrutiny
Justice Bhattacharyya also scrutinized the timing of the FIRs, noting that they were all registered after , the date the came to power. He asked the state to demonstrate which FIRs predated the change in administration, implying that the surge in cases against Banerjee appears to coincide with the shift in political control. The judge also observed that one complainant, Abhijit Das "Bobby," had lost elections twice to Banerjee, raising questions about the motive behind the complaints.
"When was this complaint filed?... All after
, declaration of results,"
the judge noted, adding,
"Are these not relevant considerations at the time of passing an order?"
This line of questioning suggests the court is weighing the possibility that the FIRs are part of a politically motivated campaign rather than genuine allegations of wrongdoing.
The State's Strenuous Resistance
The state, through
and
, opposed the extension of
on multiple grounds. Raju argued that the FIRs disclose
and that Banerjee had not demonstrated a
case
for quashing, which is a prerequisite for interim relief. He contended that Banerjee should have sought
instead of
in a
.
"Delay is no ground for quashing if a
is made out,"
Raju submitted.
raised practical concerns about Banerjee's cooperation with the investigation, pointing to previous instances where the court had to direct Banerjee to provide voice samples.
"Despite orders passed by court, the State had to come up by way of an application to direct him to cooperate for collecting voice sample. I am on a more practical aspect. After a week, he will come back and say 'I am cooperating, now they are harassing me.' This will never stop. It has to be a meaningful cooperation,"
he argued.
The court, however, remained unpersuaded, responding:
"Then you approach the Court. Let us not anticipate."
This indicated that the court is unwilling to assume bad faith on Banerjee's part without concrete evidence.
Court's Observations on the Changed Political Reality
Central to Justice Bhattacharyya's reasoning was the recognition that West Bengal is now governed by a different political party than when the alleged incidents occurred. The judge observed that if a complaint had been filed during the TMC's rule, the influence argument might have carried weight.
"Now times have changed. If your client would have filed a complaint during that period, it would have been germane. Now it is not.
is not necessary, due to change in political disposition there is a change of scenario,"
he stated.
This observation effectively undercuts the state's assertion that Banerjee could still wield undue influence over witnesses or investigators. The court's willingness to consider the political context reflects a pragmatic approach to assessing the risk of interference.
Outcome: Protection Extended, Final Orders Reserved
After hearing all parties, Justice Bhattacharyya extended Banerjee's from in connection with the three FIRs until or until further orders. The court also reserved its decision on whether the protection should continue until the final adjudication of the . The matter is scheduled to be heard next on , when the court will likely address the quashing petitions on their merits.
The court also directed the police to provide complete copies of all FIRs and complaints to Banerjee's counsel, ensuring that the defence has full access to the allegations.
Legal Analysis: Scope of in Quashing Proceedings
This case highlights a recurring tension in criminal jurisprudence: the standard for granting in a versus an application. The state argued that a petitioner seeking quashing of an FIR must show a case that the FIR does not disclose a cognizable offence. However, the 's approach suggests that, in assessing interim relief, courts may consider broader factors, including the timing of the FIRs, the political context, and the practical impact of on the ongoing investigation.
The court's reference to the demolition of Banerjee's office is particularly telling—it demonstrates that the judiciary is willing to take of factual developments that contradict the prosecution's narrative of the accused's invincibility. This could set a precedent for other politically sensitive cases where the defence argues that the criminal justice system is being weaponized.
Implications for Legal Practice
For defence lawyers, this ruling reinforces the importance of highlighting changes in the political or administrative landscape when seeking . It also underscores the value of documenting instances where the state has taken adverse action against the accused, as such evidence can neuter claims of influence. Conversely, prosecutors must be prepared to substantiate assertions of witness intimidation with concrete evidence, rather than relying on generalised fears.
The court's direction to provide complete copies of FIRs also signals a commitment to procedural fairness, ensuring that the accused can effectively challenge the allegations. This may encourage other courts to similarly order full disclosure during the pendency of quashing petitions.
Looking Ahead
As the matter returns to court on , the central question will be whether the FIRs against Banerjee, which the state alleges involve land grabbing and inflammatory election speeches, meet the threshold for quashing. The allows Banerjee to cooperate with the investigation without fear of arrest, a balance that courts often strike to prevent while enabling legitimate inquiry.
The 's judgment, though provisional, reflects a sensitive understanding of the intersection between law and politics. By questioning the state's motives and demanding a realistic assessment of influence, the court is setting an important standard for handling cases that arise in the wake of a political transition. For now, Banerjee enjoys a temporary shield, and the legal community watches closely as the quashing petitions proceed.
As Justice Bhattacharyya aptly put it, "Let us not anticipate." The court's reserved approach may well shape how similar interim relief battles are fought in the future.
