Kolkata, Sep 7 The Calcutta High Court on Monday granted interim protection from arrest to TMC MP Abhishek Banerjee in connection with three FIRs lodged against him, while expressing exasperation at the multiplicity of cases against him.
Banerjee had earlier been granted interim protection from coercive action by this court in two petitions relating to a total of four FIRs against him.
The three FIRs in question in the current petition include allegations of clinical malpractice and medical negligence at two 'Sevashray' healthcare camps organised by the Diamond Harbour MP.
Justice Saugata Bhattacharyya directed the police authorities not to take any coercive steps against Banerjee till November 30.
The court directed that the matter will be heard again on November 23, when the police authorities concerned will file progress reports on the investigation into the FIRs.
The TMC leader was directed to cooperate with the investigation and comply with the notices if issued to the petitioner regarding the three criminal prosecutions - two at Bishnupur police station and one at Rabindranagar police station.
Directing that a 48-hour prior notice be given to Banerjee for appearing before the investigators, Justice Bhattacharyya said that the authorities can move the court seeking variation or vacation of the order if he does not comply with the court's directions.
Banerjee's lawyer informed the court that the MP went abroad on September 3 and will return on September 22.
The court directed that the police would issue notice after that.
The Supreme Court allowed Banerjee to travel abroad for medical reasons for a period of three weeks.
Pointing out that the police complaints were filed by the same person in more than one case, Justice Bhattacharyya warned during the hearing that he would pass an order that no FIR would be registered against Banerjee without permission of the high court.
"Enough is enough; from May 2026, I am hearing these matters. Now I am going to pass directions relying on an order involving Suvendu Adhikari passed by a coordinate bench, which had directed not to register any FIR against him without the leave of this court," Justice Bhattacharyya said in a verbal observation.
Banerjee's lawyer Gopal Sankarnarayan pointed out that on December 8, 2022, the high court had stayed all FIRs that were registered against Adhikari, and directed that no more FIRs would be registered against him without the court's permission.
Adhikari was then the leader of the opposition in the West Bengal Assembly and is now the chief minister.
Sankarnarayan prayed that a similar order be passed in Banerjee's case.
Justice Bhattacharyya verbally observed that none of the three FIRs is directly connected to Banerjee, while noting that the complaints were lodged by Abhijit Das, who lost to Banerjee twice at the hustings in the Lok Sabha elections from Diamond Harbour constituency.
The court said that at best, a case can be made out alleging medical negligence.
Additional Advocate General (AAG) Rajdeep Mazumder, appearing for the state, submitted that complainant Das is a whistleblower, and he could not file any police complaint earlier owing to the TMC MP's influence.
The court asked the AAG to show any contemporaneous complaint made by the patient party before statutory authorities like the West Bengal Medical Council or the National Medical Commission.
Das' lawyer Jayanta Narayan Chatterjee submitted before the court that his client's losing the Lok Sabha election to the petitioner does not waive his rights.
Agreeing that losing the elections does not dilute the complaints, the court said that the complaints must have material to proceed upon.
Claiming that Banerjee is a very influential person, Chatterjee stated before the court that medical students were used at the Sevashray camps, thus not attracting provisions of the Medical Council Act and prayed that the investigation should not be stopped.
The AAG stated before the court that requisite permission was not taken for organising the camps.
It was also claimed in one of the complaints that a patient suffered leg amputation due to post-operative complications, alleging that the said patient was referred to the state-run hospital by doctors at a Sevashray camp.
The court said that prima facie it appears that petitioner Banerjee may not be connected to such alleged medical negligence causing locomotory disability of a patient.
