Will pass blanket order barring more FIRs against Abhishek Banerjee: Calcutta HC warns State

The Calcutta High Court on Monday protected All India Trinamool Congress (TMC) leader and Diamond Harbour MP Abhishek Banerjee from coercive action in three more first information reports (FIRs) linked to allegations surrounding the Sevashray medical camps  [Abhishek Banerjee v. State of West Bengal & Ors.].

During the hearing, Justice Saugata Bhattacharyya took strong exception to the State government lodging multiple FIRs against the TMC leader and indicated that the Court may consider restraining the registration of any further FIRs against Banerjee without its permission, if complaints against him continued to be filed in similar manner.

"Every day issues coming one after another based on one complaint and another. If this thing goes on, then I am telling you that I am going to pass an order for blanket injunction," said Justice Bhattacharyya.

The Court noted that the repeated registration of cases was becoming a matter of concern.

"Enough is enough. From May 2026. I am hearing these matters. Now I am going to pass, relying upon Suvendu Adhikari's order passed by a coordinate bench. I am telling you, that now I am fed up. That I am going to pass an order directing not to register any FIR without the leave of this court," added Justice Bhattacharyya.

The Court was referring to an earlier order passed by a coordinate bench in proceedings involving West Bengal BJP leader Suvendu Adhikari, under which further FIRs against him could not be registered without the court's permission.

The observations came while the Court was hearing Banerjee's third writ petition challenging criminal cases registered against him.

The three FIRs concerned made allegations including medical negligence and malpractice, use of expired medicines and absence of requisite statutory permissions for certain medical procedures at Sevashray camps.

The Court questioned whether Banerjee's direct involvement in the alleged offences had been established. It also questioned the need for custodial interrogation, given the absence of a prima facie direct connection between Banerjee and the offences alleged in the FIRs.

“Where is the requirement of custodial interrogation?” the Court asked.

The State argued that the investigation was at an early stage and that Banerjee, who had organised the Sevashray camps, could ultimately be connected to the alleged statutory violations through persons working under him.

It was also submitted that expired medicines had allegedly been seized by the Drug Controller and that allegations of sex determination at the Sevashray camps were part of the investigation.

Senior Advocate Gopal Sankaranarayanan, appearing on behalf of Banerjee, however, argued that the FIRs formed part of a series of criminal cases being initiated against the TMC leader despite earlier orders of the High Court granting him protection from coercive action.

The Court also took note of the fact that one of the complainants in the present proceedings was a political rival of Banerjee and had previously filed complaints against him in the earlier writ proceedings.

Ultimately, the Court directed the police authorities not to take any coercive steps against Banerjee in connection with the three FIRs until November 30, 2026, or until further orders, whichever is earlier.

However, the Court clarified that the interim protection being granted would not prevent the police from investigating the allegations.

“Investigation should not be stopped. Let police investigate. Continue with their investigation,” said the Court.

Banerjee was directed to cooperate with the investigation and comply with notices issued by the investigating agency. The police were directed to give him at least 48 hours' notice before requiring his appearance.

The Court clarified that if Banerjee failed to cooperate with the investigation, the State would be at liberty to approach the High Court for variation or vacation of the protection.

Sankaranarayanan informed the Court that Banerjee had travelled abroad on September 3 for treatment pursuant to a Supreme Court order dated August 10 and was expected to return on September 22.

The High Court consequently directed the police to issue any notice to him after September 24.

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