Custodial interrogation of Abhishek Banerjee not required, rules Calcutta High Court
Police must give Banerjee at least 48 hours’ notice before questioning him and submit an investigation report by the next hearing
The Calcutta High Court on Tuesday directed the police not to take coercive action against Trinamool Congress MP Abhishek Banerjee in three criminal cases until 30 November, holding that his custodial interrogation was not required.
Justice Saugata Bhattacharyya ordered the Diamond Harbour MP to cooperate with the investigation and comply with notices issued in connection with the cases.
Investigators must give Banerjee at least 48 hours’ notice before requiring him to appear for questioning.
The court said the police authorities concerned could seek a modification or withdrawal of the protection if Banerjee failed to cooperate with the investigation.
The judge also directed investigators to submit a progress report when the matter is taken up again on 23 November.
Banerjee was restrained from travelling abroad without the High Court’s permission. The court, however, clarified that the restriction would not affect the permission already granted by the Supreme Court for him to travel overseas for three weeks for medical treatment.
Banerjee’s lawyer told the court that the Supreme Court had approved the travel on August 10. He said the MP had not yet left the country as he needed to secure a medical appointment.
The lawyer also informed the court that a private bank had frozen Banerjee’s personal account and debit and credit cards.
The West Bengal government argued that the Supreme Court’s travel permission applied only to the case before the apex court. Justice Bhattacharyya clarified that Tuesday’s order would not curtail Banerjee’s right to travel for treatment, provided he complied with the conditions imposed by the Supreme Court.
The court declined the Additional Advocate General’s request to suspend the operation of the order.
The three cases were registered at Bhowanipore, Bishnupur and Kalitala police stations. The High Court had initially granted Banerjee interim protection from coercive action in the cases on 30 June.
With PTI inputs