Calcutta High Court Restrains Police Action Against TMC's Abhishek Banerjee Over 'Objectionable Remarks' On Amit Shah

The Calcutta High Court on Thursday (May 21) in an interim order directed the police not to take any coercive action against TMC leader Abhishek Banerjee till July 31, booked in an FIR for allegedly making objectionable remarks against Home Minister Amit Shah during a poll rally. 

After hearing the parties, Justice Saugata Bhattacharya while dictating the interim order said:

"Having considered submissions and taking note of nature of alleged offence, court finds custodial interrogation of petitioner is not required. Furthermore right of the petitioner is protected under Section 35(3) BNSS. At this stage the court directs the Police not to take any coercive steps against petitioner till July 31 or till further order whichever is earlier."

The court directed that petitioner has to cooperate with the investigating agency regarding the investigation and shall comply with the notices if issued to the petitioner. The notices shall be issued giving atleast 48 hours time to the petitioner, the court added. 

"In the event the petitioner does not cooperate with the investigating agency, the concerned state respondent will be at liberty to approach the court with appropriate application. Petitioner shall not go abroad without the leave of the court," the court said. 

The court said that the interim order will subsist till July 31 and thus listed the matter on July 20. 

A detailed copy of the order is awaited. 

According to the plea, the FIR was registered following a complaint alleging that Banerjee made defamatory and provocative statements against Shah while addressing a public meeting during an election campaign for the West Bengal assembly elections.

Banerjee has reportedly been booked under BNS sections 196 (promotion of enmity, hatred), 351 (criminal intimidation), and 353(1)(c) ( circulation of false information, rumors to incite hatred), among others. Section 196 of the BNS is a non-bailable offence with imprisonment of three years and a fine.

He has also been booked under Section 123(2) and Section 125 of the Representation of the People Act, 1951.

Case title: Abhishek Banerjee v/s State 

WPA 11489 of 2026