Calcutta HC Grants Abhishek Banerjee Protection from Arrest in Sebashray Case Till Nov 30

Kolkata, Sep 7 : The Calcutta High Court on Monday granted Trinamool Congress leader Abhishek Banerjee protection from coercive action in connection with the Sebashray health camp case till November 30, while questioning the need for multiple FIRs against him.

Justice Saugata Bhattacharyya directed that no coercive action be taken against Banerjee in the case during the period. However, the court made it clear that he would have to cooperate with the investigation. If the police require his questioning, they must issue a notice at least 48 hours in advance.

The court also expressed displeasure over the repeated registration of cases against Banerjee and warned that it may be compelled to issue stricter directions if the practice continues.

Banerjee had organised Sebashray health camps twice in his Diamond Harbour parliamentary constituency. Complaints were subsequently lodged alleging that the camps were conducted without following prescribed rules and without obtaining the necessary approvals. Allegations of incorrect treatment of several patients were also raised.

In July, BJP leader Abhijit Das, alias Bobby Bishnupur, lodged a complaint at Bishnupur police station regarding the Sebashray camps. Subsequently, the family of Malati Biswas filed a complaint at Rabindranagar police station, following which an FIR was registered against Banerjee and several others.

Banerjee, who has been named as an accused, approached the High Court seeking protection from arrest.

During Monday's hearing, the court questioned the basis of the allegations of medical negligence. Justice Bhattacharyya asked whether the patient or the family had first approached the appropriate authorities, including the state medical council, National Medical Commission or consumer protection authorities, over the alleged incorrect treatment.

The judge also questioned the need for custodial interrogation when there was no allegation that Banerjee had personally treated any patient.

"If he is not directly involved, why is custodial interrogation required?" the court asked.

The West Bengal government argued that although Banerjee was not directly involved in the alleged medical treatment, he had organised the health camps without obtaining mandatory permissions. It contended that the services required approval under the Clinical Establishments Act.

The state also alleged that X-rays and ultrasonography examinations were conducted without the requisite permission.

The court, however, expressed strong displeasure over the number of cases filed against Banerjee in recent months. Justice Bhattacharyya said the court was "annoyed" and indicated that it could consider issuing a direction similar to one previously passed in cases involving BJP leader and former Leader of Opposition Suvendu Adhikari.

The judge observed that the court could even consider directing that no further FIR be registered against Banerjee without its permission, questioning the necessity of filing multiple cases against the same person.

Banerjee's counsel Gopal Sankaranarayanan and Ayan Bhattacharya appeared on his behalf.

The court was also informed that Banerjee had travelled abroad on September 3 and, in accordance with a Supreme Court order, would remain abroad for three weeks. He is expected to return on September 22.

The High Court directed that it be informed about his return, following which the police could summon him for questioning if required.

The court also took note of the fact that complainant Abhijit Das had contested elections against Banerjee twice and lost on both occasions, raising questions about the circumstances surrounding the complaint.

Das's counsel Jayanta Narayan Chattopadhyay argued that his client could not be prevented from filing a complaint merely because he had lost elections to Banerjee. He urged the court not to interfere with the investigation, alleging that Banerjee was a "super powerful man" and had been involved in alleged misgovernance of the state for years.

After hearing arguments from all sides, the High Court extended Banerjee's protection from coercive action in the Sebashray case till November 30.