Calcutta HC defers Abhishek Banerjee bank account freeze hearing by a day
Synopsis
Abhishek Banerjee's petition against the freezing of his personal bank account hit a procedural pause at the Calcutta High Court on Wednesday, with Justice Krishna Rao seeking a bank clarification report before proceeding. The case raises a pointed legal question: can authorities freeze an MP's account without invoking the statutory Magistrate-approval route under Section 107 of the Bharatiya Nyaya Sanhita?
Key Takeaways
The Calcutta High Court deferred the hearing on Abhishek Banerjee's bank account freeze petition on 19 August .
Justice Krishna Rao directed bank authorities to submit a clarification report by Thursday morning .
Banerjee's counsel argued the freeze violated Section 107 of the Bharatiya Nyaya Sanhita, 2023 , which requires police to approach a Magistrate before freezing an account.
The Supreme Court had last week allowed Banerjee to travel to the USA for three weeks for eye treatment, subject to conditions including travel on a diplomatic passport.
The bank reportedly did not inform Banerjee of the reasons for imposing debit restrictions on his account.
The Calcutta High Court on Wednesday, 19 August postponed by one day a crucial hearing on a petition filed by All India Trinamool Congress (TMC) General Secretary and Diamond Harbour Lok Sabha MP Abhishek Banerjee, who has challenged the freezing of his personal bank account. The single-judge Bench of Justice Krishna Rao directed bank authorities to submit a clarification report by Thursday morning, after which the matter will be taken up for hearing.
Background to the Petition
Banerjee, also the nephew of former West Bengal Chief Minister Mamata Banerjee, approached the court after debit restrictions were imposed on his personal bank account shortly before a scheduled trip to the United States for eye treatment. The travel itself had been permitted by a Division Bench of the Supreme Court earlier this month.
His counsel, Ayan Bhattacharya, submitted the petition on 17 August, arguing that the bank froze the account without informing Banerjee of the reasons — and critically, without following the procedure mandated under Section 107 of the Bharatiya Nyaya Sanhita, 2023.
The Legal Argument
Under Section 107 of the Bharatiya Nyaya Sanhita, police are required to first apply to a Magistrate before an individual's bank account can be frozen. Banerjee's legal team argued that this statutory procedure was bypassed entirely in his case, rendering the freeze legally untenable.
Counsel Bhattacharya also sought an urgent hearing, noting that the travel restriction on his client had already been lifted by the Supreme Court and that the bank freeze was a separate and unrelated action. When Justice Rao queried whether any investigation was ongoing against Banerjee, his lawyer clarified that Banerjee was cooperating with the investigation as per court orders and that the probe had no bearing on the bank account freeze.
What Justice Rao Ordered
Justice Rao admitted the petition and issued notice to all parties concerned. He then sought a written clarification report from the bank authorities, directing them to place it before his Bench by Thursday morning. The hearing is scheduled to resume thereafter on the same day.
Supreme Court's Earlier Order
The immediate context for Banerjee's petition is a Supreme Court ruling last week by a Division Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana. The Bench allowed Banerjee to travel abroad for three weeks for medical treatment, overruling the Calcutta High Court's earlier refusal to relax his foreign travel restrictions.
The permission, however, came with conditions: Banerjee was required to travel exclusively on his diplomatic passport and share his full itinerary and place of stay with the investigating agency. The bank account freeze, which emerged around the same time, has now added a fresh legal dimension to his ongoing legal battles.
With the clarification report due Thursday, the Calcutta High Court's next hearing will be closely watched for whether the freeze is found to have followed due legal process — and what relief, if any, is granted to the TMC leader.
Point of View
It would signal that statutory safeguards against arbitrary account freezes can be sidestepped for high-profile targets, setting a precedent with implications far beyond this case. The timing is also notable: the freeze came just as the Supreme Court had cleared Banerjee's foreign travel for medical reasons, raising questions about whether the action was coordinated or coincidental. Mainstream coverage has focused on the political dimension; the more durable story may be the institutional one — whether courts will enforce procedural discipline on investigative agencies.
NationPress
19 Aug 2026
Frequently Asked Questions
Why was Abhishek Banerjee's bank account frozen?
The reasons for freezing Abhishek Banerjee's personal bank account have not been formally communicated to him, according to his legal counsel. His lawyer argued before the Calcutta High Court that the bank imposed debit restrictions without informing Banerjee and without following the procedure required under Section 107 of the Bharatiya Nyaya Sanhita, 2023.
What is Section 107 of the Bharatiya Nyaya Sanhita and why does it matter here?
Section 107 of the Bharatiya Nyaya Sanhita, 2023 requires police to first apply to a Magistrate before freezing an individual's bank account. Banerjee's counsel argued this mandatory procedure was not followed in his case, making the freeze legally questionable.
What did the Calcutta High Court order on 19 August?
Justice Krishna Rao of the Calcutta High Court admitted the petition and directed bank authorities to submit a clarification report by Thursday morning. The hearing on the petition has been postponed to Thursday, when it will be taken up after the report is received.
What did the Supreme Court previously rule regarding Abhishek Banerjee?
Last week, a Supreme Court Division Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana allowed Banerjee to travel abroad for three weeks for eye treatment. The court overruled the Calcutta High Court's earlier refusal to relax his foreign travel restrictions, subject to conditions including travel on a diplomatic passport and sharing his itinerary with the investigating agency.
Who is Abhishek Banerjee?
Abhishek Banerjee is the General Secretary of the All India Trinamool Congress and the Lok Sabha MP from Diamond Harbour, West Bengal. He is also the nephew of former West Bengal Chief Minister Mamata Banerjee.
