Calcutta High Court grants Abhishek Banerjee interim protection in 3 FIRs

The Calcutta High Court on Thursday directed the West Bengal police not to take any coercive steps against Trinamool Congress (TMC) leader Abhishek Banerjee in connection with three criminal cases registered against him between May 27 and June 16, 2026.

Justice Saugata Bhhattacharyya has also directed the police to furnish information on the list of FIRs pending as on date against Banerjee.

The Court passed the order on a plea by Banerjee, alleging that a spate of politically motivated FIRs were registered against him shortly after the Bharatiya Janata Party (BJP) government came to power in the State on May 4.

Banerjee referred to eleven such first information reports (FIRs). His counsel, Senior Advocate Gopal Sankaranarayanan, said that eight were mentioned initially in his petition when it was filed last week. However, since then, three more FIRs were registered, and more are likely to come, Sankaranarayanan said.

He added that the underlying complaints related to incidents from years ago. One case involved allegations that in 2020, there was a misallocation of public disaster relief funds via an unauthorised database for cyclone Amphan, Sankaranarayanan said.

In another case, vague allegations are made about illicit mining operations between 2017 and 2025, he added.

None of the cases, prima facie, disclose any crimes by Banerjee, Sankaranarayanan asserted. He also argued that there is no explanation given for the delay in registering FIRs over complaints about incidents from years ago.

The Court, however, noted that only three of the FIRs mentioned in Banerjee's main petition contained particulars of the allegations. The Court said it will confine its examination to these three FIRs.

The Court added that it will hear the matter further on August 6. Until then, the police have been restrained from taking coercive steps against Banerjee in the three FIRs.

"Concerned respondent authorities are directed not to take any steps against the petitioner in connection with following criminal prosecutions - Bhavanipur police station case no. 121/2026 dated May 27, 2026 (ii) Kalitala police station case no. 140/2026 dated June 16, 2026 (iii) Bishnupur police station case no. 668/2026 dated June 16, 2026," the Court ordered.

The Court passed the order despite strong objections raised by the West Bengal government, whose arguments were led by Solicitor General Tushar Mehta and Additional Solicitor General SV Raju.

They questioned how Banerjee could have filed a single petition to quash multiple FIRs, and how a blanket protection order could be sought in all those cases.

"One individual is seeking special treatment, saying 'I will not go to any other court, I will file an omnibus petition seeking several grounds'," SG Mehta submitted.

SG Mehta added that if Banerjee is given any relief in such a petition, it would inadvertently amount to treating him differently from ordinary citizens.

"But for ordinary persons, so many FIRs within such a short period is generally not found," the Court remarked in reply.

SG Mehta also maintained that the delays cited by Banerjee is no ground to quash the case.

"If the offences were committed at a stage where you (TMC leaders) were in a position to ensure that FIRs were not registered (when TMC was in power), then you cannot raise an argument that offence is old and FIR registered now," he said.

ASG Raju added that the police may have earlier hesitated to register the FIRs when TMC was in power, given that Banerjee is an influential person. Unless the cases are barred by limitation, delay is no ground to quash them, he maintained.

He contended that the interim reliefs sought must be pursued by way of anticipatory bail applications. He also underscored that if a cognisable offence is made out in a complaint, allegations of malafides or ill intentions are no grounds to quash the FIR.

Sankaranarayanan, meanwhile, highlighted that wide protection was earlier granted to BJP leader Suvendhu Adhikari by the High Court, back when the TMC was in power, after he alleged that he was facing multiple FIRs rooted in political animosity.

Sankaranarayanan recounted that, at the time, the High Court also passed an interim order directing the police not to file any new FIRs against Adhikari without its permission. He urged the Court to consider granting similar relief to Banerjee.

"Because otherwise, it will become impossible for a citizen of this country to keep running after every single person who can possibly register an FIR and keep troubling the court. Court shouldn't even be drawn into this to start with, unfortunately, this is the political system we live in today," he said.

SG Raju rebutted that such interim orders cannot be cited as a precedent.

Sankaranarayanan replied that the interim order eventually led to the quashing of the FIRs against Adhikari, who is now the Chief Minister of West Bengal as well as its Home Minister.

Sankaranarayanan added that Banerjee is in a particularly vulnerable situation since Adhikari had even indicated that he would personally ensure that even CBI probes against Banerjee are transferred to the State police.

The Court, however, has indicated that it is not inclined to issue any direction to restrain the filing of future FIRs against Banerjee.

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