If he is so influential, how is his office being demolished? Calcutta HC on claims against Abhishek Banerjee

The Calcutta High Court on Tuesday questioned concerns that Trinamool Congress (TMC) leader Abhishek Banerjee is influential enough to hamper ongoing police investigations if he were to be extended further interim protection from arrest or custodial interrogation.

The Court was hearing a plea by Banerjee claiming that a spate of politically motivated FIRs were registered against him shortly after the BJP government came to power on May 4.

Justice Saugata Bhhattacharyya today orally observed that the political scenario has changed in West Bengal since a different political party is in power in West Bengal instead of the TMC.

In view of the same, the judge asked whether Banerjee is still so influential that he could interfere with investigations if he is given further interim protection in the FIRs against him.

The judge also recounted an instance where demolition work was initiated against a property that was being used as Banerjee's MP office, before the High Court stepped in to stall the move on a weekend.

"Now situation is changed. Therefore custodial interrogation is not necessary. Due to change of political dispensation, now there is a change of scenario.... If he is so influential, how his office in Amtala is being demolished? Where a coordinate bench of the court had to interfere (to stall the demolition)? It does not support your contention that the petitioner is very influential. Whether any influential person’s office is being demolished within his constituency?" the judge asked.

Advocate General Surojit Nath Mitra, in response, pointed out that the said property does not belong to Banerjee.

Mitra also disputed claims that the property belongs to Leaps and Bounds, a company linked to Banerjee. He added that even in that case, Leaps and Bounds was able to get the matter heard on a Sunday, when the State did not have adequate time to prepare.

The judge, however, said that the political situation has changed in the State. It also noted that authorities sometimes initiate actions, like the demolition of Banerjee's office, on Friday evening, forcing courts to sit on weekends to hear petitions seeking relief.

"Before the era of the present political dispensation, this (demolition of the property linked to Banerjee) could have been done? I am asking everybody. So it goes to show, the situation is changed.. And that demolition proceedings began on Friday evening. Like yesterday’s matter, rally matter. All proceedings are being started from Friday evening.  And the Court is then required to sit during weekends," the Court stated.

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.

"After May 4 also, he is mega influential. Kindly do not give him an interim protection, investigation will be hampered, no common man will come forward (to give evidence against him). If this super influential person remains outside, complainant will be forced to withdraw the complaint," he said.

Additional Solicitor General SV Raju also opposed the grant of any interim relief to Banerjee.

"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. For passing of an interim order, first requirement is prima facie case. 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," he 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.

"Despite orders passed by court, the State had to come up by way of an application to direct him to cooperate for collecting voice sample. I am on a more practical aspect. After a week, he will come back and say 'I am cooperating, now they are harassing me.' This will never stop. It has to be a meaningful cooperation. Without looking at case diary, lordship may not pass an interim order (protecting Banerjee)," said the AAG.

"Then you approach the Court. Let us not anticipate," replied the judge.

The Court then proceeded to extend the earlier interim order that no coercive steps be taken against Banerjee in connection with three FIRs for now, while investigation continues. This interim order will continue till August 31 or further orders.

The Court also reserved its verdict on whether the interim protection should continue until it finally decides on Banerjee's plea to quash the FIRs against him.

Meanwhile, Senior Advocate Gopal Sankaranarayanan, representing Banerjee said that the FIRs against Banerjee are now 16 in number.

He said that only the first page of these FIRs are available online. He urged the Court to direct the police to furnish complete details of these FIRs, including the complaints.

The Court accepted the request.

"Before next date, concerned police authority is directed to supply copy of all FIRs in connection with existing criminal prosecutions with the complaints," the judge ordered.

The matter will be heard next on August 25.