Calcutta HC rejects Abhishek Banerjee's fast-track plea in voice sample case
Synopsis
Key Takeaways
A single-judge Bench of the Calcutta High Court on Friday, 3 July rejected a plea by All India Trinamool Congress (TMC) General Secretary Abhishek Banerjee seeking a fast-track hearing on his petition for exemption from providing a voice sample to the Criminal Investigation Department (CID) of West Bengal Police. The court made clear that the matter could not be heard before 7 July under any circumstance.
Background to the Case
The CID is seeking Abhishek Banerjee's voice samples in connection with allegations that he made inciting statements and threatened Union Home Minister Amit Shah at a campaign rally held ahead of the recently-concluded West Bengal Assembly elections. Banerjee, who is also the nephew of former West Bengal Chief Minister Mamata Banerjee, has contested the probe and sought legal relief from the courts.
Earlier Refusals and Recusal
On 30 June, a single-judge Bench of Justice Tirthankar Ghosh had refused to entertain Banerjee's original plea seeking exemption from giving voice samples. Justice Ghosh also observed that courts cannot dictate the course or style of investigation to any probe agency. Following that order, Justice Ghosh recused himself from further proceedings in the matter.
Second Bench Also Declines Fast-Track Plea
With Justice Ghosh out of the picture, Banerjee's counsel approached a second single-judge Bench — that of Justice Saugata Bhattacharyya — on Friday, seeking an urgent fast-track hearing. Justice Bhattacharyya declined, stating unequivocally that the matter could not be taken up before 7 July.
This came even as a district court in North 24 Parganas, West Bengal, issued a second notice to Banerjee on 1 July, directing him to appear by 10 am on 8 July so that CID officials could collect his voice samples in the presence of a Judicial Magistrate and forensic experts.
Interim Protection and Cooperation Directive
Banerjee currently holds interim protection from coercive police action, including arrest, as granted earlier by Justice Bhattacharyya's Bench. However, that same order came with a significant condition: Banerjee was directed to fully cooperate with the investigating agency. The Bench also instructed the CID to notify the court if the TMC General Secretary failed to extend the required cooperation.
What Happens Next
The hearing before Justice Bhattacharyya is now scheduled for 7 July — just one day before Banerjee's court-mandated appearance at the North 24 Parganas district court on 8 July. Whether the High Court grants exemption from providing voice samples at that hearing will be closely watched, given the narrow window between the two proceedings.