Calcutta HC judge recuses from Abhishek Banerjee's CID raids plea
Synopsis
Key Takeaways
Calcutta High Court Justice Saugata Bhattacharya on Monday, 15 June recused from hearing a petition filed by All India Trinamool Congress (TMC) general secretary and Lok Sabha member Abhishek Banerjee, challenging Criminal Investigation Department (CID) raids on two party offices in Kolkata. The recusal came on grounds that a related petition in the same case is already being heard by a different bench of the same court.
Background: The CID Raids
On 9 June, two CID teams conducted simultaneous raids and search operations at two TMC offices in connection with an investigation into alleged mismatches in the signatures of certain Trinamool legislators on a resolution concerning appointments to opposition-reserved slots in the West Bengal Assembly.
The raids were carried out while both Abhishek Banerjee and his aunt, former West Bengal Chief Minister Mamata Banerjee, were in New Delhi attending a meeting of the opposition Indian National Development Inclusive Alliance (INDIA) bloc. One of the raided offices is located adjacent to Mamata Banerjee's residence on Harish Chatterjee Street in South Kolkata; the other is on Camac Street in central Kolkata, where Abhishek Banerjee reportedly operated.
Why Justice Bhattacharya Stepped Back
A petition challenging the raids was placed before the vacation bench of Justice Bhattacharya. However, the judge noted that Abhishek Banerjee had already filed a separate petition before Justice Kaushik Chanda challenging the CID's FIR against him in the same legislators' signatures mismatch case.
Justice Bhattacharya observed that two single-judge benches of the same court hearing related aspects of the same case could arrive at contradictory verdicts — a situation he preferred to avoid. He accordingly recused and indicated that the petition challenging the CID raids should be listed before Justice Chanda's bench, where the FIR challenge is already pending.
The Legislators' Signatures Mismatch Case
The underlying investigation centres on alleged discrepancies in the signatures of some TMC legislators on a resolution related to opposition-bench appointments in the West Bengal Assembly. The CID has registered an FIR in the matter, which Abhishek Banerjee is separately contesting in court. This is the second time in recent weeks that the case has drawn judicial attention, underlining the political sensitivity of the probe.
What Happens Next
With Justice Bhattacharya's recusal, the petition challenging the 9 June CID raids is expected to be listed before Justice Kaushik Chanda's bench for a consolidated hearing alongside the FIR challenge. The development effectively consolidates both strands of the legal challenge before a single bench, which could streamline — but also complicate — proceedings given the breadth of issues involved.