The Calcutta High Court on Friday directed Trinamool Congress MP Abhishek Banerjee to give his voice sample to a judicial magistrate on July 15 in a case concerning alleged intimidatory statements made during the West Bengal assembly election campaign. Justice Saugata Bhattacharyya expressed displeasure over Banerjee's delay in providing the sample and warned of advancing the hearing on his plea seeking quashing of proceedings and recalling an order granting protection from coercive action.
Court Orders and Warnings
Justice Bhattacharyya noted that Banerjee's revision petition against a Bidhannagar court's order directing him to give his voice sample was dismissed as withdrawn following a request by the MP's counsel. The court instructed police to ensure Banerjee faces no harassment, such as egg-pelting, when appearing before the jurisdictional court or investigating agency.
The judge threatened to dismiss Banerjee's petition challenging the lower court order and impose exemplary costs if he failed to comply. Banerjee's lawyer argued that the MP has a constitutional right to challenge a lower court order, but the judge countered that providing the voice sample falls under the May 21 order granting protection, and the petitioner must cooperate with the investigation.
Background of the Case
On May 21, Justice Bhattacharyya granted Banerjee protection from coercive action until July 31 in connection with an FIR over alleged comments at a public meeting in April during the poll campaign. The TMC MP also sought quashing of the FIR. In a separate petition, Banerjee challenged the Bidhannagar sub-divisional judicial magistrate court's direction to give his voice sample as requested by police.
During arguments, Justice Bhattacharyya observed verbally that Banerjee's actions appeared to be a ploy to frustrate the investigation after obtaining a high court order. He noted that a revisional application challenging the voice sample order was moved before a different bench after his May 21 order, which he described as revealing the petitioner's conduct and an abuse of due process.
Banerjee's Response and Next Steps
Banerjee's lawyer stated the MP was willing to give his voice sample on Saturday and sought protection from egg-pelting. Additional Advocate General Rajdeep Majumdar assured the court that law enforcers would prevent such incidents. The court directed Banerjee to appear before the judicial magistrate on July 15 at noon to record his voice sample and cooperate with the investigation as per the May 21 order.
