Suit Briefs

High Court bars coercive action in TMC leader’s FIRs

By Cali Anggraini · · 3 min read
High Court bars coercive action in TMC leader's FIRs - high court bars coercive action
High Court bars coercive action in TMC leader’s FIRs

Calcutta High Court has restricted police action against Trinamool Congress (TMC) leader Abhishek Banerjee, ruling that no coercive steps can be taken in three specific first information reports (FIRs) filed shortly after the May 4 election. Justice Saugata Bhattacharyya granted this interim relief on Tuesday, marking a significant development in the legal battles facing the TMC deputy supremo following the BJP’s rise to power in West Bengal. The court’s order effectively suspends the immediate legal pressure on Banerjee as he continues to face multiple investigations across the state.

The directive limits the protection to three specific cases, including the Bhawanipur police station case numbered 121 dated May 27, the Kalitala Ashuti police station case numbered 140 dated June 16, and the Vishnupur police station case numbered 668 of 2026. While the court barred coercive measures, it imposed a condition of cooperation. Banerjee is required to comply with notices issued to him regarding the prosecution. The court specified that at least 48 hours notice must be provided before any action is taken. If the TMC leader fails to cooperate, the state police will be free to approach the bench to modify or vacate this order. The stay on coercive action remains in effect until November 30, 2026, or until further orders, whichever comes first.

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While Banerjee sought relief in 16 FIRs registered after the transfer of power, the court confined its judgment to the three cases with specific particulars mentioned in his petition. The bench noted that without these details, examining the other complaints would not be proper. However, the court clarified that this order does not prevent Banerjee from traveling abroad for medical treatment, a right previously secured by the Supreme Court.

Arguments from Prosecution and Defense

During the hearing, the Additional Solicitor General SV Raju opposed Banerjee’s plea, arguing that a cognizable offense cannot be quashed at the threshold. He contended that Banerjee should have sought anticipatory bail instead. The state’s argument was supported by Additional Advocate General Billwadal Bhattacharya, who requested the court to stay the operation of the order. The bench rejected this request. The counsel for a complainant in one of the FIRs maintained that Banerjee remains a powerful figure and argued that the leader has been subject to open attacks through media comments in recent days. The court directed the police to file a report on the progress of the investigations in the three specified cases. The matter is scheduled to be taken up next on November 23.

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Historically, courts in West Bengal have approached multiple FIRs against political figures with skepticism, often requiring a clean separation between individual allegations. By allowing a single petition to address multiple complaints, the Calcutta High Court has taken a procedural step that aligns with broader judicial trends seen in other high-stakes political disputes. The court’s decision to link the interim relief to a condition of cooperation suggests a cautious approach, balancing the need for a fair investigation with the immediate need to prevent potential harassment or abuse of legal process.

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