Calcutta HC judge recuses from Abhishek Banerjee's media gag petition
Synopsis
Key Takeaways
A judge of the Calcutta High Court on Thursday, 8 October 2026, recused himself from hearing a petition filed by Trinamool Congress (TMC) General Secretary Abhishek Banerjee, who has sought a court order barring the publication of news related to ongoing investigations against him by state and central agencies. The recusal does not dismiss the petition; Banerjee has been directed to approach an appropriate bench.
What the Petition Seeks
Abhishek Banerjee, also the nephew of former West Bengal Chief Minister Mamata Banerjee, alleged in his petition that confidential information — including interrogation details, investigation progress, foreign travel records, and other personal matters — is being systematically leaked to the media by investigating agencies. He argued that these leaks violate his fundamental right to privacy, dignity, and reputation, and that they are hampering the integrity of the investigation itself.
His counsel contended that specific details of interrogation sessions — including the precise questions put to Banerjee — were finding their way into news reports, and that coverage of his personal foreign travel bore no direct relevance to the cases against him. On these grounds, the petition urged the court to impose a ban on publishing such material.
Justice Krishna Rao's Recusal
Justice Krishna Rao declined to hear the matter without elaborating on the reasons for his recusal. Crucially, he did not dismiss the petition. Instead, he advised Banerjee's legal team to present the matter before an appropriate bench, noting that the allegations in the petition directly implicate the investigating agencies in the leaking of information — a consideration that likely informed the procedural direction.
The Probes Against Abhishek Banerjee
The backdrop to the petition is a cluster of long-running investigations. Central agencies — the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) — have been probing Banerjee across multiple cases for a considerable period. Following the change of government in West Bengal after the state Assembly elections earlier this year, the state's own Criminal Investigation Department (CID) also initiated fresh probes in certain matters, and CID officers have questioned Banerjee on multiple occasions.
Why This Case Matters
The petition raises a rarely litigated tension in Indian legal proceedings: the right of an accused or a person under investigation to control the flow of information about their case, set against the public's right to know about probes involving prominent political figures. Critics argue that such media gag orders, if granted, could shield powerful individuals from legitimate scrutiny. Banerjee's counsel, however, frames it as a due-process issue — arguing that pre-trial publicity prejudices the accused and compromises investigation integrity.
Notably, this is not the first time the intersection of political investigations and media reporting has come before courts in West Bengal; similar petitions have periodically tested the limits of judicial restraint in high-profile probe matters. The next step will depend on which bench the petition is placed before and whether that bench agrees to admit it for hearing.