Calcutta High Court Directs TMC MP Abhishek Banerjee To Provide Voice Sample In 'DJ Remark' Case, Asks Police To Prevent Egg-Pelting

The Calcutta High Court on Friday came down heavily on Trinamool Congress MP Abhishek Banerjee while hearing his plea seeking exemption from recording his voice sample in the DJ remark case, observing that its earlier order granting him interim protection was expressly conditional upon his cooperation with the investigation.

Justice Saugata Bhattacharya questioned why Banerjee had not yet furnished his voice sample despite the protection granted by the Court and warned that it could recall the interim order if he continued to delay the investigation.

"There should be a limit to everything. I have already given protection subject to cooperation. I will withdraw the protection," the Bench remarked at the outset of the hearing.

The Court also indicated that the plea could be dismissed with exemplary costs. "I will dismiss it with exemplary cost. Will you withdraw this application or not? It is an abuse of due process of court. When will you go to give the sample? Or I will recall this order," the Bench told Banerjee's counsel.

Appearing for Banerjee, Senior Advocate Ayan Bhattacharjee submitted that his client was not disputing the authenticity of the alleged voice recording. "I am not disputing my voice, I am admitting it," counsel submitted.

The Court, however, observed that the admission did not dispense with the requirement of cooperating with the investigation. 

When the Bench suggested that the application be withdrawn, counsel requested that the Court first hear his grievance. "Fine, I am hearing it. Place it. Otherwise withdraw it. Tell me your grievance," the Court said.

Counsel argued that the High Court's earlier order granting no coercive action did not prevent Banerjee from challenging the Magistrate's order directing collection of his voice sample.

"The order was for no coercive action. The Magistrate's order was without reason. My cooperation does not mean I will abdicate my right," counsel submitted.

The Bench, however, reiterated that its earlier order necessarily contemplated Banerjee's cooperation with the investigative process.

"Steps taken in connection with the investigation authority to record the voice sample comes under the jurisdiction of my order. You are bound to cooperate with the investigation. I need to go into the Magistrate's order," the Court observed.

It further remarked that the present application appeared to be an attempt to stall the investigation despite obtaining interim protection.

"We granted protection subject to compliance with the investigation agency. So therefore, we need not enter into these issues. This is a ploy to frustrate the investigation after getting an order from us," the Bench said.

Towards the end of the hearing, Banerjee's counsel stated that his client was willing to appear before the investigating agency provided adequate protection was ensured.

"Please record my statement, and direct me to appear. Only protect me from egg pelting. How can they have an issue with it?" counsel submitted.

The Court agreed that ensuring Banerjee's safety during the investigation was the State's responsibility.

"That you (State) have to ensure. It is the State's duty to control the mob from pelting eggs," the Bench told the Advocate General's office.

The matter was heard in the backdrop of the High Court's earlier order granting Banerjee interim protection from coercive action while directing him to cooperate with the investigation. Friday's hearing focused on whether his challenge to the Magistrate's order directing collection of his voice sample was consistent with that condition, with the Bench indicating that the protection granted by it could not be used as a shield to delay investigative steps.