Calcutta High Court Reserves Order On Abhishek Banerjee's Plea Seeking Quashing Of FIRs, Extends Interim Protection

The Calcutta High Court on Tuesday reserved its order on a plea filed by Trinamool Congress General Secretary Abhishek Banerjee seeking quashing of FIRs registered against him.

During the hearing, the Court indicated that it was not undertaking the final hearing of Banerjee's plea for quashing at this stage. Instead, the Court said it was contemplating passing an interim order and would permit the concerned parties to exchange affidavits while allowing the investigating agencies to proceed with their investigation.

"At this stage I am not hearing the matter on affidavits. The main prayer of quashing will not be considered at this stage," the Court observed.

The Court made it clear that it did not intend to keep the matter pending indefinitely and cautioned the parties against making elaborate submissions at this stage.

"For an indefinite period, I won't let this matter go on. Don't rely on any further judgment, whatever points you want to submit you can do so. The final hearing is not yet happening. You made elaborate submissions before. Don't open the case so that we have to hear it," the Court said.

During the hearing, the Additional Solicitor General sought to draw the Court's attention to the allegations contained in a particular FIR.

"Let me point out the offence from the particular FIR," the ASG submitted.

The Court, however, questioned the circumstances surrounding the registration of the FIR and asked who had lodged it.

"By whom was this FIR lodged?" the Court asked.

The ASG replied that the FIR had been lodged by one Abhijit Das.

The Court then questioned whether Das had twice lost elections to Banerjee and whether the period during which the alleged offence was committed was relevant to assessing the matter.

"Who lost the election twice to the petitioner? What was the period during which this alleged offence was committed? Are these not relevant?" the Court asked.

The ASG thereafter sought to make further submissions. However, the Court indicated that the submissions had already been heard at length.

When the ASG submitted that he could not do anything if the Court did not wish to hear him and remarked that the Court was restricting his submissions, Senior Advocate Sankaranarayanan objected to the submission.

"That is very unfair of you. You were heard, the SG was heard in detail. You cannot accuse the court like this," Sankaranarayanan submitted.

Additional Advocate General Billwadal Bhattacharya also sought to make submissions on behalf of the State.

"Milord, I would like to make some submissions," he said.

The Court, however, declined to hear further submissions, observing that the senior counsel had already made submissions.

"Your senior has already made submissions. I won't allow anything further," the Court said.

The AAG subsequently made submissions concerning the maintainability of Banerjee's plea seeking quashing of the FIRs and argued that interim protection should not be granted to him.

The Court questioned the State's objection, pointing out that the investigation was already underway.

"The case is registered, investigation is ongoing, how will an order to not take him into custody cause any difficulty?" the Court asked.

At the conclusion of the hearing, the Court directed that all FIRs registered against the petitioner should be supplied to him.

The Court observed that it would take some time to pass its order and, therefore, extended the interim protection already operating in favour of Banerjee in the meantime.

"All FIRs against the petitioner should be supplied to him. It will take some time to pass an order, that's why there will be an extension of interim order protection to him," the Court said.

The Court has accordingly reserved its order on Banerjee's plea. The interim protection from arrest will continue until the order is passed.

Case: Abhishek Banerjee v State Of West Bengal