Calcutta HC slams TMC's Abhishek Banerjee for his "Godfather from Delhi" remark but grants him interim relief

The Calcutta High Court on Thursday restrained the West Bengal Police from taking any coercive action against Trinamool Congress Member of Parliament (MP) Abhishek Banerjee till July 31 in connection with an FIR filed over his remarks against Union Home Minister Amit Shah during an election rally.

Justice Saugata Bhhattacharyya added that the interim protection is being granted subject to the condition that Banerjee cooperate with the police investigation.

"At this stage, the Court directs the police not to take any coercive action against the petitioner (Banerjee) till July 31. However, the petitioner has to cooperate with the investigation. In the event the petitioner doesn’t cooperate, concerned State respondents shall be at liberty to approach Court," the Court ordered.

The Bench added that Banerjee shall not go abroad without the Court's permission.

"Petitioner shall comply with (police) notices. Notices shall be issued giving at least 48 hours to the petitioner," it further said.

The Court passed the interim order on a plea moved by Banerjee to quash a criminal case registered against him over comments he made at election rallies in the run up to the recently concluded West Bengal Legislative Assembly elections.

The complainant accused Banerjee of making provocative speeches targeting opposition party workers, and threatening BJP leader and Union Home Minister Amit Shah.

Banerjee is reported to have said at an April 7 roadshow,

"I will see who comes to save them on May 4. I will see which godfather (allegedly referring to Amit Shah) from Delhi comes to their rescue." 

Senior Advocate Kalyan Bandyopadhyay appeared for Banerjee before the High Court today and alleged that the case against his client was malicious.

"This is against malicious prosecution immediately after the change of power," he said.

The Court, however, sharply criticised the remarks made by Banerjee.

"Why these statements were made? ... Why these irresponsible statements were made just before elections? There is black history so far as this State is concerned … Post poll violence. In media also, everywhere it was shown. Does it match the status of the petitioner (Abhishek Banerjee) being general secretary of political party?" the Court asked.

Bandyopadhyay replied that the question was whether the alleged statements had actually resulted in any violence as predicted by the complainant.

"The question is, was there effect of statement at all? Complainant has not cited any incident. If nothing has happened, it cannot be taken into cognisance," Bandyopadhyay said.

The Court, however, maintained that Banerjee should not have made such controversial remarks at all.

"Being a Member of Parliament, how such statement could have been made. That strikes conscience of court. I am repeating, these statements were uncalled for. What would have happened, if there were different results?" asked the Court

"Complete peace may be," replied Bandopadhyay.

"Political history does not say so," retorted the Court,

"Political history can be seen from the other (political) side," maintained Bandopadhyay

"Whether such political statements, alleged slur was necessary?" the Court went on to ask again.

Referring to the recent regime change in West Bengal, with the Bharatiya Janata Party (BJP) forming the government after years of TMC rule, the Court added,

"With a lot of expectations, people brought change. Time will say."

Meanwhile, the State government, represented by Additional Advocate General (AAG) Rajdeep Mazumder, urged the Court not to grant Banerjee any interim protection order. There is no need for it as there are procedural safeguards that the government will comply with, he maintained.

"Protection is not required. He is protected by law," said the AAG.

Bandyopadhyay, however, maintained that it is likely that Banerjee will be harassed during the investigation without any court-ordered protection.

Senior Advocate Bilwadal Bhattacharyya appeared for the complainant and argued that contrary to Banerjee's stance, there were incidents of violence after the TMC leader's comments.

Senior Advocate Dhiraj Trivedi also appeared for the State.

[Live Coverage]