In its rebuke of the TMC national general secretary for what it called inflammatory pre-poll rhetoric aimed at the Union Home Minister, the bench made it clear that while the case stands, they are not looking to put Banerjee in custody for an interrogation at this point.
Court flags rhetoric, allows probe to continue
“Such provocative speeches by a sitting lawmaker strike the conscience of the court,” the single-judge bench was at pains to point out. Justice Saugata Bhattacharyya put it to the court whether it was right for a parliamentarian to be making such unwarranted statements, and added: “This state has a very dark history of post-poll violence.”
The judge also mused on the timing of the comments and what might have been if the TMC had come out on top in the election. “Accountability for campaign speech has to be worked out through due process,” the court said.
What triggered the FIR
The FIR is quite comprehensive, drawing on several sections of the Bharatiya Nyaya Sanhita – 196 for fanning enmity, 353(1)(c) for spreading false rumors to stoke hatred, and 351 for criminal intimidation. It also makes reference to the Representation of the People Act.
Rajiv Sarkar, who filed the complaint, says Banerjee’s language was defamatory and he was after Shah and other BJP leaders as well. He claims the TMC leader even put down a challenge to Shah to stand before the public sans central security once the results are in, and that the Trinamool would put an end to what the BJP had begun.
Sarkar points to a Kolkata rally on April 7 for some of the more colorful quotes: “I will see who comes to save them on May 4. I will see… which godfather from Delhi comes to their rescue.” He went to the Baguiati police on May 5, was told to head to the cyber crime branch, and an FIR was put in with the Bidhannagar department.
Banerjee came to the High Court on May 18 to try and have the case thrown out, referring to a public gathering on April 27 ahead of the second phase of the West Bengal polls where he was accused of going after rival party men.
Safeguards and obligations set by the bench
Additional Advocate General Rajdeep Majumder, for the state, put up a fight against the plea but concedes the probe will be by the book. In the end, the court has put some guardrails in place. The Diamond Harbour MP has to answer to notices and can’t make for the border without the court’s say-so.
The court outlined compliance conditions:
– Cooperate with the investigation
– Respond to interrogation notices, if issued
– No coercive steps till July 31
– No custody needed at this stage
– Do not leave India without court permission
– Probe to be conducted properly
– Non-cooperation may be reported to the court
Political and legal stakes ahead
It’s a sign of less patience for kind of talk you hear on the campaign trail. By setting a timeline and demanding he play by the rules, the bench has made sure the facts take precedence. With protection in place till the end of the month and a date set for July 20, Banerjee will have to show he can be a good sport under the court’s eye.
