Abhishek Banerjee moves Calcutta HC to quash FIR over alleged Shah threat
Synopsis
Trinamool Congress general secretary Abhishek Banerjee has moved the Calcutta High Court to quash an FIR that charges him with inciting violence and threatening Home Minister Amit Shah — filed just days after West Bengal's assembly polls concluded. A second complaint from a former TMC legislator targeting Banerjee's alleged autocratic party style has added fresh dimensions to an already volatile post-election legal battle.
Key Takeaways
Abhishek Banerjee approached the Calcutta High Court on 18 May to quash an FIR registered against him on 15 May .
The FIR, filed at Bidhannagar Cyber Crime Police Station , accuses him of inciting violence and threatening Union Home Minister Amit Shah .
Charges include two non-bailable BNS sections — Section 192 and Section 196 — and provisions under the Representation of the People Act, 1951 .
The FIR was based on a complaint by social activist Rajiv Sarkar .
Former TMC MLA Giasuddin Molla filed a separate complaint against Banerjee and ex-SDPO Mitun Kumar Dey on Saturday night .
TMC has alleged political vendetta behind the FIR amid the changed political situation in West Bengal .
Trinamool Congress general secretary and Diamond Harbour Member of Parliament Abhishek Banerjee on Monday, 18 May approached the Calcutta High Court seeking the quashing of a first information report registered against him last week at the Bidhannagar Cyber Crime Police Station under the Bidhannagar Police Commissionerate in North 24 Parganas district.
The FIR, lodged on the night of 15 May on the basis of a complaint filed by social activist Rajiv Sarkar, accuses Banerjee of allegedly inciting violence and threatening Union Home Minister Amit Shah ahead of the recently concluded West Bengal Assembly elections.
Charges Framed Against Banerjee
The FIR invokes two non-bailable sections of the Bharatiya Nyaya Sanhita (BNS), 2023 — Section 192 (wantonly giving provocation with intent to cause riot) and Section 196 (promotion of enmity, hatred, or disharmony between different groups on grounds of religion, race, place of birth, residence, language, caste, or community).
Additionally, two bailable offences have been included: Section 351(2) (criminal intimidation) and Section 353(1)(c) (creating or spreading inciting statements or rumours) of the BNS.
The FIR also invokes Section 123(2) (undue influence as a corrupt practice in elections) and Section 125 (promotion of enmity between different classes of citizens on grounds of religion, race, caste, community, or language during an election) of the Representation of the People Act, 1951.
TMC Alleges Political Vendetta
The Trinamool Congress (TMC) has characterised the FIR as an act of political vendetta, pointing to the changed political landscape in West Bengal following the assembly poll results. The party maintains that the case is an attempt to harass its leadership through legal mechanisms.
This comes amid a broader pattern of post-election legal actions targeting political figures in the state, a trend observers have noted in the aftermath of closely contested assembly cycles.
Second Complaint in 48 Hours
In a separate development on Saturday night, former three-time TMC legislator from Magrahat (Paschim) constituency in South 24 Parganas and former West Bengal Minister of State for Minority Affairs and Madrasah Education, Giasuddin Molla, filed a police complaint against Banerjee and a police officer identified as Mitun Kumar Dey, the former Sub-Divisional Police Officer of Diamond Harbour subdivision.
Molla's complaint alleged that Dey took unwarranted penal action against a section of local TMC leaders and workers who, according to Molla, refused to accept what he described as Banerjee's autocratic style of party management.
What Happens Next
The Calcutta High Court is now expected to take up Banerjee's petition seeking the FIR's quashing. The outcome could have significant implications for the political climate in West Bengal, where post-election legal battles have intensified. Legal observers will watch whether the court grants interim relief to the Diamond Harbour MP while the petition is heard.
Point of View
It fits a recurring pattern where legal instruments follow political verdicts in the state. What is equally significant is the complaint from within TMC ranks: Giasuddin Molla's allegation of autocratic party management signals internal fault lines that the party's leadership cannot easily dismiss as BJP-engineered. The Calcutta High Court's response to the quashing petition will be a test of judicial independence in a state where law and politics have long been entangled. If the court grants interim relief, it will embolden TMC's vendetta narrative; if it does not, the legal pressure on Banerjee — already a central figure in multiple past investigations — will intensify.
NationPress
5 Aug 2026
Frequently Asked Questions
Why has Abhishek Banerjee approached the Calcutta High Court?
Abhishek Banerjee moved the Calcutta High Court on 18 May to seek the quashing of an FIR registered against him on 15 May at the Bidhannagar Cyber Crime Police Station. The FIR accuses him of inciting violence and threatening Union Home Minister Amit Shah ahead of the West Bengal Assembly elections.
What are the charges in the FIR against Abhishek Banerjee?
The FIR invokes two non-bailable BNS sections — Section 192 (provocation to cause riot) and Section 196 (promotion of enmity between groups) — along with bailable sections 351(2) and 353(1)(c). It also cites Sections 123(2) and 125 of the Representation of the People Act, 1951, relating to corrupt electoral practices and promotion of enmity during elections.
Who filed the FIR against Abhishek Banerjee?
The FIR was filed by the Bidhannagar Cyber Crime Police Station based on a complaint lodged by social activist Rajiv Sarkar. It was registered on the night of 15 May 2025.
What is the Giasuddin Molla complaint about?
Former TMC MLA Giasuddin Molla filed a police complaint on Saturday night against Abhishek Banerjee and former Sub-Divisional Police Officer Mitun Kumar Dey. Molla alleged that Dey took unwarranted action against TMC workers who opposed what he described as Banerjee's autocratic style of running the party.
What has the Trinamool Congress said about the FIR?
The Trinamool Congress has alleged that the FIR against Abhishek Banerjee is an act of political vendetta, linked to the changed political situation in West Bengal following the assembly polls. The party has not provided specific evidence for this claim but maintains the case is politically motivated.
