Calcutta High Court Pulls Up TMC Leader Abhishek Banerjee Over Pre-Poll Remarks Threatening Amit Shah

The Calcutta High Court has pulled up Trinamool Congress (TMC) National General Secretary and Member of Parliament Abhishek Banerjee over "irresponsible" and "inflammatory" remarks made during the recent election campaign. Hearing a petition filed by Banerjee seeking the quashing of an FIR registered against him, a single-judge bench states  that such provocative speeches by a sitting lawmaker "strike the conscience of the court."

The legal trouble for the senior TMC leader started with an FIR filed under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including Section 196 (promoting enmity between different groups) and Section 353(1)(c) (circulation of false information or rumors to incite hatred), alongside violations of the Representation of the People Act, 1951. The complaint alleges that Banerjee made highly defamatory and provocative statements targeted at Union Home Minister Amit Shah during a high-stakes poll rally.

During the hearing, the bench questioned Banerjee's legal counsel regarding the timing and necessity of the controversial remarks.

"Why were these statements made? Why were these irresponsible statements made just before elections?" the Court questioned.

Following the hearing, the court has come up with the following observations and directions.

• Relief granted by the Court to Abhishek Banerjee, MP and General Secretary of Trinamool Congress.
• He must cooperate in the investigation.
• No coercive/harsh steps shall be taken against Abhishek Banerjee until further orders of the Court.
• The Court does not consider it necessary at this stage to take him into custody for interrogation.
• The Investigating Officer shall conduct a proper investigation to unearth the truth.
• If the police have issued any notice to the petitioner regarding interrogation, he must respond to it.
• The petitioner shall not leave the country without prior permission of the Court.
• If the petitioner fails to cooperate in the investigation, the police may approach this Court.

With the High Court refusing to quash the case but granting protected status, the investigation into the TMC MP's election speech will proceed under strict judicial guidelines.

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