A bench of Calcutta High Court on Tuesday refused to hear a plea made by Trinamool Congress MP Abhishek Banerjee challenging a lower court’s order to submit his voice sample before the investigating agency in the DJ case.

Abhishek had allegedly mentioned the use of DJ in a manner that allegedly intimidated the BJP. The purported speech was made during the electoral campaign.

A complaint was lodged against the Trinamool leader with cyber police station at n Bidhannagar Police Commissionerate. The case was later taken over by the CID.

A Bidhannagar court had instructed Abhishek to appear before the police to record his voice sample for investigation. He had moved the high court challenging the order.

The matter came up for hearing in the court of Justice Tirthankar Ghosh.

But the judge recused himself from hearing the matter as the petition for quashing of the FIR was pending before the bench of Justice Sougata Bhattacharyya.

The case will now be placed before the acting Chief Justice, Tapabrata Chakraborty, for appropriate assignment.

Abhishek’s lawyer had earlier submitted in the court that he had already admitted that the speech in question was made by him, then why was there a need to collect his voice sample?

Justice Ghosh said on Tuesday: “How the investigating agency chooses to collect evidence is its prerogative. Why should the court interfere?”

Abhishek’s counsel submitted, “We are admitting that the voice belongs to my client.”

The judge said: “If someone commits a murder and goes to the police and confesses, does that mean the police need not conduct an investigation in accordance with the law?”