In a big relief for the TMC MP, the Calcutta High Court on Thursday restrained West Bengal Police from taking any coercive action against Trinamool Congress MP Abhishek Banerjee over alleged statements against Union Home Minister Amit Shah in election rallies. However, the court clarified that Banerjee will not be allowed to leave country without prior permission from the court and must fully cooperate with the investigation. The HC also observed that the allegations mentioned in the FIR required a thorough probe and allowed the investigation to continue.
Probe agency must serve him notice 48 hours ahead of probe: HC
The Calcutta High Court also directed that if the probe agency wants to summon the TMC MP for questioning, it must serve him a notice at least 48 hours in advance. Justice Saugata Bhattacharyya directed Banerjee, the TMC's national general secretary, to cooperate with the probe and comply with notices sent to him by the investigating officer. The court also directed him not to travel abroad without the leave of the court.
The MP from Diamond Harbour moved the high court seeking the quashing of the FIR over his comments against the leaders and workers of a rival party at a public meeting on April 27 in the run-up to the second phase of West Bengal assembly polls.
Court says Bengal has very dark history of post-poll violence
Asking why "irresponsible statements" were made by Banerjee, Justice Bhattacharyya wondered what would have happened if the TMC won the election. "This state has a very dark history of post-poll violence," he observed.
The judge further asked whether Banerjee's comments at the public meeting matched the position of an all-India general secretary of the Trinamool Congress. Granting him protection from coercive action till July 31, the court said it will hear the matter again on July 20. Appearing for the West Bengal government, Additional Advocate General Rajdeep Majumder opposed Banerjee's plea but submitted that the investigation will follow the due process of the law.
Earlier, the West Bengal Police registered an FIR against TMC MP Abhishek Banerjee for allegedly making inflammatory statements during the recently concluded assembly elections.
FIR was lodged against Abhishek based on complaint filed by Rajib Sarkar
The FIR was lodged based on a complaint filed by social activist Rajib Sarkar at Baguiati police station under the Bidhannagar police commissionerate in North 24 Parganas district on May 5, a day after the assembly election results were declared. The complainant also claimed that Banerjee's inflammatory comments were linked to Union Home Minister Amit Shah, he said.
After the filing of the complaint, an FIR was formally registered at the Cyber Crime police station under the Bidhannagar Police Commissionerate on May 15. The complainant alleged that certain remarks made during public meetings were provocative in nature and had the potential to disturb public order and communal harmony.
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Bengal: FIR against Abhishek Banerjee over alleged provocative poll speeches, remarks on Amit Shah
