Calcutta HC Shields Abhishek From Arrest Till July 31, Refuses To Quash FIR

Kolkata: The Calcutta High Court on Thursday granted interim protection from coercive action, including arrest, to TMC general secretary Abhishek Banerjee till July 31 in a case related to alleged provocation of post-poll violence in West Bengal.

The court, however, restrained him from leaving the country without prior permission and directed him to cooperate with the police if summoned for questioning.

Justice Saugata Bhattacharya rejected the Diamond Harbour MP’s plea seeking quashing of the FIR registered against him over remarks made during an Assembly election campaign rally. The FIR cites his statement: “Kon Jallader Koto Khomota Aar Kon Dillir Baba Kake Banchate Ase, Ami Char Tarikh Dekhbo (I will see which executioner have what kind of guts and which big daddy of Delhi comes to save whom on May 4)”.

The judge described the remarks, allegedly directed at Union home minister Amit Shah, as “irresponsible” and questioned how such statements could be made by a parliamentarian. Referring to the state’s history of post-poll violence, the court observed, “What could have happened if TMC was on the winning side?”

Banerjee had approached the High Court on May 18 after an FIR was registered against him on May 15 at the cyber crime police station under Bidhannagar City Police, following a complaint filed by a social activist in North 24 Parganas over his alleged inciting speech.

He has been booked under various provisions of the Bharatiya Nyay Sanhita, including Section 196 (promotion of enmity), Section 351 (criminal intimidation), and Section 353(1)(c) (circulation of false information to incite hatred), along with sections of the Representation of the People Act. Section 196 is a non-bailable offence carrying up to three years’ imprisonment and a fine.

Separately, Javed Ahmed Khan surrendered before the Alipore court and secured bail in a case related to post-poll unrest at Tiljala.