The Calcutta High Court on Thursday in an interim order directed the police not to take any coercive action against Trinamool Congress leader Abhishek Banerjee till July 31, booked in an FIR for allegedly making objectionable remarks against Home Minister Amit Shah during a poll rally.
The court, however, made it clear that the TMC leader must fully cooperate with the investigation. The bench observed that the allegations mentioned in the FIR required a thorough probe and allowed the investigation to continue.
Justice Saugata Bhhattacharyya said that the interim protection is being granted subject to the condition that Banerjee cooperate with the police investigation, reported Bar and Bench.
"At this stage, the Court directs the police not to take any coercive action against the petitioner (Banerjee) till July 31. However, the petitioner has to cooperate with the investigation," the court ordered.
"In the event the petitioner does not cooperate with the investigating agency, the concerned state respondent will be at liberty to approach the court with appropriate application. Petitioner shall not go abroad without the leave of the court," the court added.
The high court further directed that if the probe agency wants to summon Abhishek for questioning, it must serve him a notice at least 48 hours in advance.
The court, sharply criticised the remarks made by Banerjee.
"Why these statements were made? ... Why these irresponsible statements were made just before elections? There is black history so far as this State is concerned … Post poll violence. In media also, everywhere it was shown. Does it match the status of the petitioner (Abhishek Banerjee) being general secretary of political party?" as quoted by Bar and Bench.
It maintained that Abhishek should not have made such controversial remarks at all.
"Being a Member of Parliament, how such statement could have been made. That strikes conscience of court. I am repeating, these statements were uncalled for. What would have happened, if there were different results?" Bar and Bench reported quoting the court.
According to the plea, the FIR was registered following a complaint alleging that Abhishek made defamatory and provocative statements against Shah while addressing a public meeting during an election campaign for the West Bengal assembly elections.
The TMC leader is reported to have said at an April 7 roadshow, "I will see who comes to save them on May 4. I will see which godfather (allegedly referring to Amit Shah) from Delhi comes to their rescue."
The MP from Diamond Harbour moved the high court seeking the quashing of the FIR over his comments against the leaders and workers of a rival party at a public meeting on April 27 in the run-up to the second phase of Bengal assembly polls.
Abhishek has reportedly been booked under BNS sections 196 (promotion of enmity, hatred), 351 (criminal intimidation), and 353(1)(c) ( circulation of false information, rumors to incite hatred), among others. Section 196 of the BNS is a non-bailable offence with imprisonment of three years and a fine.
He has also been booked under Section 123(2) and Section 125 of the Representation of the People Act, 1951.