Courts deliver mixed outcomes for TMC camp and Abhishek Banerjee

The Trinamool Congress (TMC) faced a setback in the Supreme Court on Monday over the removal of a billboard outside the party office on Camac Street, even as the Calcutta High Court granted interim protection to party general-secretary and Diamond Harbour MP Abhishek Banerjee in three FIRs linked to medical camps organised under the Sevashray initiative.

The Supreme Court bench, headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana, refused to interfere with the Calcutta High Court's earlier decision denying interim relief to the TMC over the billboard.

The billboard, which was installed at the building housing Abhishek Banerjee's office, was removed by the police and Kolkata Municipal Corporation on 27 August. The TMC had alleged that it was removed without prior notice and challenged the action before the high court. 

Senior advocate Kapil Sibal, appearing for the TMC faction, argued that the party had a right to install the billboard and that its removal without notice was "completely illegal". Solicitor-general Tushar Mehta, appearing for the West Bengal government, countered that these arguments should first have been made before the high court.

The Supreme Court noted that the billboard had already been removed and that the matter remained pending before the high court. The bench therefore declined to grant any interim relief. 

"Since the High Court is seized of the matter and there are tentative observations in the order of 28 August, the parties are allowed to raise all contentions before the high court, which will consider them expeditiously," the bench said.

While the billboard case remained before the high court, Abhishek Banerjee secured temporary protection in a separate matter when Justice Saugata Bhattacharyya of Calcutta High Court directed the police not to take coercive steps against him in connection with three FIRs until 30 November, or further orders. The court, however, made it clear that the protection would not prevent the investigation from continuing.

The FIRs relate to alleged irregularities in medical camps conducted under the Sevashray initiative, including allegations concerning clinical practices and medicines. Banerjee had challenged the FIRs and sought protection from coercive action.

Senior advocate Gopal Sankaranarayanan, appearing for Banerjee, argued that the latest FIRs formed part of a continuing series of complaints despite earlier orders protecting his client.

The State maintained that the investigation was still at an early stage and that Banerjee could potentially be linked to the alleged violations through people working under him. The court questioned whether there was sufficient material showing Banerjee's direct involvement and also questioned the need for custodial interrogation. "You investigate and file your chargesheet. Custodial interrogation is not required," the court observed.

 Justice Bhattacharyya also expressed concern over what he described as a continuing series of complaints. While dictating the order, he said, "Enough is enough. I have been hearing these matters from 4 May. Now I am going to pass orders relying on the one passed in Suvendu Adhikari's case by a coordinate bench." 

The court indicated that it could consider requiring prior permission before any further FIR is registered against Banerjee, though no final decision was taken on that issue in Monday's order. 

Banerjee has been directed to co-operate with the investigation and comply with notices. He must also be given at least 48 hours' notice before being required to appear. As he is currently abroad, the court directed that any such notice be issued only after 24 September.