Court directs police to refrain from coercive action against petitioner till November 30, 2026, while emphasizing need for cooperation in ongoing investigations related to alleged clinical malpractices and financial irregularities
In a significant ruling delivered on September 7, 2026, the Calcutta High Court, presided over by Justice Saugata Bhattacharyya, granted interim protection to Abhishek Banerjee, a prominent political figure, from any coercive measures by police authorities in connection with three fresh First Information Reports (FIRs). The petitions challenged FIRs registered between July 4 and July 23, 2026, concerning allegations of clinical malpractices, medical negligence, and financial loss under government health schemes like “Sebaashray.”
This is the third consecutive writ petition filed by the petitioner contesting a total of seven FIRs, including four earlier ones that had already attracted interim relief orders from the court. The court noted that some of the complaints appear to have originated from political rivals, specifically pointing out respondent no. 6, who has twice lost parliamentary elections to the petitioner and is involved in lodging multiple complaints.
Upon detailed examination, the court observed that the complaints lacked clarity on critical facts such as the precise time period of the alleged clinical malpractices and absence of contemporaneous patient complaints to statutory authorities. For example, one complaint alleged serious postoperative complications that led to amputation but did not directly connect the petitioner to the medical negligence. Another complaint about allotment of resort rooms causing financial loss failed to establish the petitioner’s involvement at the current stage.
Justice Bhattacharyya referred to the Supreme Court’s ruling in Haji Iqbal Alias Bala v. State of Uttar Pradesh (2024), emphasizing that courts must not rely solely on the FIR’s averments but consider the larger context, including possible frivolous or vexatious motives behind the complaints. The court underlined the importance of “reading between the lines,” especially in politically charged cases, to ensure justice is not derailed by misuse of the criminal law process.
The court directed the police not to take any coercive action against Abhishek Banerjee until November 30, 2026, or until further orders, whichever is earlier. However, the petitioner was also instructed to cooperate with the ongoing investigations and comply with notices issued by the investigating agencies after September 22, 2026, following his return from abroad for medical treatment.
The judgment balances safeguarding the petitioner’s fundamental rights against harassment while ensuring that investigations proceed unhindered. The court also reserved the right for the state to seek further orders if the petitioner fails to cooperate.
The matter is scheduled for further hearing on November 23, 2026, when the police must file a status report on investigation progress.
This decision reiterates the judiciary’s proactive role in preventing abuse of criminal law for political vendettas and protecting individuals’ liberty unless sufficient evidence warrants coercive action.
Bottom Line:
Interim protection granted to the petitioner against coercive steps by police authorities in light of multiple FIRs, considering the political rivalry and absence of direct evidence connecting the petitioner to alleged offenses. Direction issued for cooperation with investigations.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 482, Constitution of India, 1950 Article 226
Abhishek Banerjee v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2973765
