A single-judge of the Calcutta High Court on Tuesday declined to grant any immediate relief to Trinamool Congress (TMC) leader Abhishek Banerjee on his plea challenging the proposed collection of his voice sample in connection with the 'DJ' remark case.
The matter was listed yesterday before Justice Tirthankar Ghosh.
The judge noted that related matters are already pending before another single-judge. Therefore, Justice Ghosh opined that the latest plea should also be heard by the same judge.
"Having considered that the main issue is regarding the maintainability of the FIR and continuation of the investigation and the subject matter of the criminal proceedings is pending before the Co-ordinate Bench in WPA 11489 of 2026, for the ends of justice, it would be fit and proper, that one and the same Court should take up the issue canvassed in the present revisional application."
Therefore, Justice Ghosh directed that Banerjee's plea be placed before the Acting Chief Justice so that it may be assigned to the appropriate Bench.
The matter concerns certain statements made by Banerjee during election campaigns in the run up to the West Bengal Assembly elections. He is reported to have remarked that once the election results are declared, DJs would play music so loud to celebrate that it would make people's ears ring.
A voter filed a criminal complaint alleging that this remark was intimidating and provocative.
Last week, the West Bengal Criminal Investigation Department (CID) got permission from a trial court to collect Banerjee's voice sample in connection with this case.
According to reports, Banerjee was supposed to appear in person before the trial court yesterday so that his voice sample could be recorded in the presence of experts.
However, Banerjee reportedly skipped the hearing. Meanwhile, his plea challenging such voice sample collection was argued before the High Court.
Banerjee's counsel pointed out that a coordinate Bench of the High Court had already passed an interim order restraining the police from taking any coercive action against the TMC leader in connection with cases registered over allegedly objectionable election speeches until July 31.
The said interim order was passed by Justice Saugata Bhattacharya on a plea by Banerjee to quash the cases against him.
In the said May 21 order, the Court had added that Banerjee is expected to cooperate with the probe. It had further indicated that the State may seek a modification of the interim order if Banerjee does not cooperate with the investigation.
The State yesterday argued before Justice Ghosh that Banerjee's latest plea against voice sample collection was only a ploy to not cooperate with the investigation.
After considering the rival submissions, Justice Ghosh eventually declined to pass any interim direction, except for placing the matter before Justice Saugata Bhattacharya who will hear Banerjee's petition to quash the main case.
Senior Advocates Sabyasachi Banerjee, Ayan Bhattacharjee and Advocates Rudradipta Nandy, Agnish Basu, Bikram Mitra, Vipul Vedant, Shounak Mondal and Gourav Bose represented Abhishek Banerjee.
Additional Advocate General Rajdeep Mazumder, Public Prosecutor Kallol Mondal, and Advocate Moyukh Mukherjee represented the State.
Advocates Amritam Mondal, Arindam Samanta, Rajdeep Majumder, Arindam Bit, Arka Mukherjee and Supratim Mukherjee represented the complainant.
[Read Order]