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warns West Bengal, may ban new FIRs against Abhishek Banerjee without leave
In a stern warning to the , the on Thursday indicated it may pass a barring the registration of any further First Information Reports (FIRs) against leader Abhishek Banerjee without the court’s prior permission. Justice Saugata Bhattacharyya, visibly frustrated by the stream of complaints, said he was “fed up” with the repeated filing of cases against the same individual and hinted at an imminent clampdown on what he perceived as an abuse of the criminal justice machinery.
The development marks a significant escalation in the ongoing legal tussle between the state’s ruling party and its political opponents. It also raises important questions about the limits of police powers and the judiciary’s role in preventing .
A Rising Tide of FIRs
Abhishek Banerjee, the nephew of West Bengal Chief Minister Mamata Banerjee and a key TMC strategist, has been at the centre of multiple criminal complaints in recent months. The cases span allegations ranging from corruption to incitement, though many have been criticised by his supporters as politically motivated. The has been hearing a clutch of petitions challenging the registration of these FIRs.
During the hearing on Thursday, the court took note of the sheer volume of cases being filed. “Why was the whistle not blown one year back? Every day issues coming one after another based on one complaint and another,” Justice Bhattacharyya remarked, signalling his displeasure at the timing and pattern of the complaints. He added, “If this thing goes on, then I am telling you that I am going to pass an order for .”
The court’s observation reflects a growing concern that the state machinery may be weaponised to target specific individuals through successive criminal proceedings. The judge specifically warned the state government, represented by its counsel, that the current trajectory was untenable.
Drawing Strength from a
Justice Bhattacharyya explicitly referenced an earlier order passed by a of the in proceedings involving West Bengal leader Suvendu Adhikari. In that case, the court had directed that no further FIRs against Adhikari could be registered without the court’s leave. The judge said he intended to pass a similar direction in Banerjee’s case.
“Enough is enough. From – I am hearing these matters. Now I am going to pass, relying upon Suvendu Adhikari’s order passed by a . I am telling you that now I am fed up. That I am going to pass an order directing not to register any FIR without the ,” Justice Bhattacharyya asserted.
This reliance on the ’s precedent is legally significant. It signals that the High Court views the pattern of repeated FIRs as a systemic issue rather than isolated incidents. The order in the Suvendu Adhikari case was itself notable for imposing a blanket restraint on the police, and its extension to another political figure underscores the judiciary’s willingness to intervene when it perceives a threat to fair process.
Legal Analysis: Inherent Powers and the Abuse of Process
At the heart of the court’s potential order lies its under . This provision empowers the High Court to make such orders as may be necessary to prevent of any court or otherwise to secure the ends of justice. The power is wide but is rarely used to impose a prospective ban on the registration of FIRs across the board.
Typically, Section 482 applications are filed after an FIR is registered, seeking its quashing. A barring future FIRs goes a step further. Courts have exercised this power only in exceptional cases where there is clear evidence of intent or a pattern of harassment. Here, the court’s observations suggest that it finds the repeated complaints to be a concerted effort to target Banerjee through legal means, thereby distorting the purpose of criminal investigation.
Justice Bhattacharyya’s remark about the timing of the complaints—“Why was the whistle not blown one year back?”—indicates judicial skepticism regarding the credibility of the allegations. The court appears to question whether the complaints were filed in good faith or merely as a tool of political warfare.
Implications for Legal Practice and the Justice System
If the does pass the , it would set a powerful precedent for other high courts dealing with similar situations. It would affirm that the judiciary can step in preemptively to protect individuals from being inundated with groundless criminal cases. This could have a chilling effect on police departments that might be tempted to act on politically motivated complaints.
On the flip side, critics may argue that such orders unduly tie the hands of law enforcement and prevent legitimate investigations. The balance between protecting individual rights and ensuring that criminal justice is not obstructed is a delicate one. The court’s order, if finalised, will likely include safeguards—such as the ability to apply for court permission to register an FIR if sufficient material exists—to avoid blanket immunity.
For legal practitioners, the case highlights the strategic use of inherent powers to combat serial litigation. It also underscores the importance of documenting patterns of abuse and presenting them before the court early in the proceedings. The reference to the Suvendu Adhikari order shows that coordinated legal arguments across different benches can yield consistent outcomes.
Conclusion
The ’s warning to the is more than just a judicial admonition. It is a clear signal that the court will not tolerate what it sees as an abuse of the criminal process for political ends. The proposed , if passed, would bring much-needed clarity to the legal status of Abhishek Banerjee and potentially curb the filing of vexatious FIRs against other politicians.
As Justice Bhattacharyya prepares to formalise his direction, the legal community will watch closely. The outcome could reshape the boundaries of how FIRs are registered in politically charged environments and reaffirm the High Court’s role as a guardian against procedural injustice. For now, the ball is in the state government’s court to justify its actions—or face a judicial bar that will make every future complaint subject to judicial scrutiny.
