Calcutta High Court orders no coercive action in 3 FIRs against TMC leader Abhishek Banerjee

The Calcutta High Court on Tuesday ordered that no coercive action be taken against Trinamool Congress (TMC) leader Abhishek Banerjee in three first information reports (FIRs) registered shortly after the BJP government came to power on May 4 [Abhishek Banerjee v. State of West Bengal & Ors.]

Justice Saugata Bhattacharyya passed the order on a quashing plea by filed by Banerjee claiming that the FIRs registered against him were politically motivated.

"Custodial interrogation of the petitioner is not necessary. Concerned police authorities are directed not to take any coercive steps against the petitioner until November 30, 2026 or until further orders, whichever is earlier... However, the petitioner has to co-operate with the investigation and shall comply with notices if issued to the petitioner in connection with the criminal prosecution. At least 48 hours notice will be given to the petitioner. If the petitioner does not co-operate, concerned state respondents shall get liberty to approach this Court with an application to modify this order or vacate this order," the Court's order stated.

The Court also clarified that this order would not stand in the way of Banerjee going abroad for medical treatment as the same was allowed by the Supreme Court by way of an order passed on August 10.

While Banerjee sought relief in 16 FIRs, the Court said that it would confine itself to the 3 FIRs the particulars of which were mentioned specifically in Banerjee's petition.

In the absence of particulars, it would not be proper to examine the other FIRs, the Court said.

"The present writ petition needs to be confined to the three following FIRs: Bhawanipur police station case no. 121 dated 27 May, Kalitala Ashuti police station case no. 140 dated June 16, and Vishnupur police station case no. 668 of 2026," the order stated.

The order passed today will be applicable only to the three FIRs mentioned in the order.

However, the Court said that contrary to the State's arguments, it would not be necessary for Banerjee to file separate petitions for each FIR. Multiple FIRs can be the subject matter in a single petition, the Court said.

"Relegating the petitioner to file different writ petitions questioning separate FIRs would only lead to multiplicity of litigation that is not found to be prescription of law for administration of justice," the Court said.

Additional Advocate General Billwadal Bhattacharya requested the Court to stay the operation of the order.

However, the Court rejected the requested.

Banerjee, represented by Senior Advocate Gopal Sankaranarayanan claimed that at least 16 FIRs were registered against him following the transfer of power in West Begal in May this year.

During previous hearings, Additional Solicitor General SV Raju had opposed Banerjee's plea but confirmed that the FIRs were indeed registered after the elections.

"If a FIR discloses a cognisable offence, it cannot be quashed at the threshold. I am pointing out from the FIR how a cognisable offence is made out. Look at each of the FIRs. He must demonstrate a prima facie case. He could have filed for anticipatory bail and prayed for no coercive steps. (Instead) he has come for quashing, If there is no case for quashing, where is the case for interim relief? Delay is no ground for quashing if a cognisable offence is made out" Raju said.

Additional Advocate General Billwadal Bhattacharya too supported this stance. He added that even if the Court were to direct Banerjee to cooperate with the probe as a condition for interim protection, it is likely that the State would have to re-approach the Court before such conditions are properly complied with by the TMC leader.

Meanwhile, the counsel representing a complainant in one of the FIRs against Banerjee maintained that the TMC leader continues to be a powerful figure. He added that he was subject to open attacks from Banerjee through comments made to the media just a few days ago.

During the last hearing on August 11, the Court had directed the police to furnish the complete details of the FIRs to Banerjee after he claimed that only the first page of each FIR was available online.

Today, the Court directed the police authorities to file a report on the progress made in the investigations in the 3 FIRs.

The matter will be taken up next on November 23 for further hearing.