Calcutta High Court Orders Preservation Of CCTV Footage In Plea Challenging 5 AM Raid At Abhishek Banerjee's Residence

The Calcutta High Court on Monday directed the preservation of CCTV footage from Trinamool Congress (TMC) leader Abhishek Banerjee's residence, along with all audio and video records in the custody of the police relating to the search and seizure operation conducted there in the early hours of June 13, while hearing a writ petition filed by the All India Trinamool Congress challenging the legality of the police action.

Justice Saugata Bhattacharyya declined to grant any interim relief at this stage, observing that the propriety of the search and seizure operation itself was under challenge in the writ petition. The Court instead called for affidavits from the parties before taking up the matter for final consideration.

"Since propriety of search and seizure operation conducted on June 13 is questioned in this writ petition, there is no scope of passing any interim order today. Let affidavit in opposition to this writ petition be filed three weeks from date, affidavit in reply thereto, if any, two weeks thereafter...the police is ordered to preserve the audio video footage of the search operation," the Court ordered.

The Court further directed that CCTV footage from Banerjee's residence, as well as all audio-visual records of the June 13 search operation available with the police, be preserved pending adjudication of the writ petition.

The petition challenges the police raid conducted in the early hours of June 13 at Banerjee's Kalighat residence. According to the State, the search was undertaken in an attempt to apprehend Banerjee's aide, Sumit Roy, who is accused in a land fraud case. The police have claimed that mobile tower location data indicated Roy's presence at the residence.

Appearing for the petitioner, Senior Advocate Kishore Datta clarified that the challenge was not to the investigation itself, but to what he described as the arbitrary exercise of police powers during the search.

"I am not questioning the investigation. I am not ipso facto against the search and seizure. I am against the misuse of powers by the police. In the name of investigation, you cannot go to somebody else's house in the middle of the night in a case concerning allegations from May 2021," Datta submitted. Datta told the court that while the raiding party had come to Banerjee's residence at 3am, the search operation began at 5:36am after locks had to be broken by the NDRF.

During the hearing, Justice Bhattacharyya queried the State over the timing of the operation, asking, "Why in the dead of night?"

Responding on behalf of the State, Additional Advocate General Rajdeep Mazumder disputed the characterisation of the operation.

"It was not dead at night. They were knocking on the door. Persons were confined from 12 AM," Mazumder submitted.

He further argued that there was an apprehension that the person sought by the police was attempting to flee and contended that the search had been conducted strictly in accordance with law by invoking powers under Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Seeking interim protection of evidence, Datta urged the Court to preserve all footage relating to the search operation.

Mazumder responded that CCTV footage of the premises would remain with Banerjee since the cameras were installed at his residence. Datta, however, requested that any body camera recordings or other audio-visual material in the custody of the police also be preserved.

The State further submitted that it intended to place additional facts on record regarding the events during the search operation.

"We shall also place on record that the former Chief Minister entered. That cannot be done. Similar situation is pending before the Supreme Court," Mazumder submitted.

Accepting the request for preservation of evidence, the Court directed that CCTV footage from Banerjee's residence and all audio-visual records relating to the June 13 search and seizure operation available with the police be preserved until further orders.

Case No: WPA/13759/2026

Case: ALL INDIA TRINAMOOL CONGRESS VS STATE OF WEST BENGAL AND ORS.