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Calcutta HC bars coercive action against Abhishek, restricts foreign travel

Kolkata, May 21: The Calcutta High Court on Thursday directed police not to take any coercive action against Trinamool Congress leader Abhishek…

Calcutta HC bars coercive action against Abhishek, restricts foreign travel

Image: Firstpost

Kolkata, May 21: The Calcutta High Court on Thursday directed police not to take any coercive action against Trinamool Congress leader Abhishek Banerjee till July 31 in connection with an FIR over his alleged remarks against Union Home Minister Amit Shah during an election rally.

However, the court ordered the TMC national general secretary and Diamond Harbour MP to fully cooperate with the investigation and restrained him from leaving the country without prior court permission.

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Justice Saugata Bhattacharyya said the allegations in the FIR required a detailed probe and allowed the investigation to continue.

“At this stage, the Court directs the police not to take any coercive action against the petitioner till July 31. However, the petitioner has to cooperate with the investigation,” the court said.

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The bench also directed the police to give Banerjee at least 48 hours’ notice before summoning him for questioning.

HC questions timing and nature of remarks

During the hearing, the court strongly criticised the remarks allegedly made by Banerjee during the Bengal Assembly election campaign.

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“Why these irresponsible statements were made just before elections? Does it match the status of the petitioner being general secretary of a political party?” the court observed, referring to West Bengal’s history of post-poll violence.

The court further remarked that such comments were “uncalled for” from a Member of Parliament.

FIR over poll rally remarks against Amit Shah

The FIR was registered after a complaint accused Banerjee of making provocative and defamatory statements against Amit Shah during a roadshow on April 7.

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According to the complaint, Banerjee had said: “I will see who comes to save them on May 4. I will see which godfather from Delhi comes to their rescue.”

Banerjee approached the high court seeking quashing of the FIR linked to remarks made during the run-up to the West Bengal Assembly elections.

He has been booked under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 196 (promoting enmity), Section 351 (criminal intimidation) and Section 353(1)(c) related to circulation of false information to incite hatred.

He has also been charged under Sections 123(2) and 125 of the Representation of the People Act, 1951.

 

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Suman Shrivastava