TMC moves Calcutta High Court challenging pre-dawn police raid at Abhishek Banerjee's residence

The Calcutta High Court on Monday sought the State's response to a petition filed by the All India Trinamool Congress (TMC) challenging the legality of a raid carried out by the police in the early hours of June 13 at TMC leader Abhishek Banerjee's residence. .Justice Saugata Bhattacharya also ordered the preservation of CCTV footage from Banerjee's residence as well as audio visual records with the police of the June 13 search operation. The matter will be heard next after the State files its response, and once the TMC files an affidavit in reply to the State's response. "Since propriety of search and seizure operation conducted on June 13 is questioned in this writ petition, there is no scope of passing any interim order today. Let affidavit In opposition to this writ petition be filed three weeks from date, affidavit in reply thereto if any 2 weeks after. Parties shall be at liberty to mention the matter before the appropriate bench for hearing after the time fixed herein for exchange of affidavits," the Court ordered. .The matter concerns a search operation carried out by the police at Abhishek Banerjee's Kalighat residence. According to reports, the police conducted the raid in a bid to catch Banerjee's aide, Sumit Roy, who is accused in a land fraud case. The police claimed that mobile tower data placed Roy at Banerjee's residence. .TMC's counsel, Senior Advocate Kishore Datta, questioned the manner in which the police entered and raided Banerjee's residence, terming it a case of police excess."I am not questioning the investigation, I am not ipso facto against the search and seizure. I am against the misuse of powers by the police. In the name of investigation, you cannot go to somebody else’s house in the middle of the night in a case (concerning allegations from) May 2021," argued Datta today.."Why dead at night?" the Court asked the State."It was not dead at night. They were knocking on the door. Persons were confined from 12 AM," Additional Advocate General Rajdeep Mazumder replied.Mazumdar added that there were apprehensions that the person sought to be apprehended by the police was trying to escape. He maintained that all legal procedures were complied with before the police searched Banerjee's premises in exercise of powers under Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)..Datta went on to urge the Court to direct the preservation of any footage of the raid, while the TMC's plea remains pending.Mazumdar replied that the CCTV footage would be with Banerjee since the premises in which the search was conducted belonged to him. Datta, in turn, said that any body cam or other footage in the custody of the police should also be preserved.Mazumdar added that the State would also show how former Chief Minister and TMC leader Mamata Banerjee entered the raided premises."We shall also place on record that ex-Chief Minister entered. That cannot be done. Similar situation is pending before Supreme Court," said Mazumdar. The Court proceeded to order the preservation of all audio and video records of the search and seizure operation conducted on June 13..[Read Order]