Calcutta HC rejects Abhishek Banerjee's plea to send media gag petition to vacation bench
Synopsis
Key Takeaways
The Calcutta High Court on Thursday, 15 October 2026, declined to refer a petition filed by Abhishek Banerjee, the All India Trinamool Congress (TMC) Lok Sabha member from Diamond Harbour, to a vacation bench for an urgent hearing. The petition seeks restrictions on media publication of news reports concerning ongoing investigations against him by multiple state and central agencies.
What Happened in Court
A single-judge bench of Justice Saugata Bhattacharya firmly rejected the request to route the matter to a vacation bench, observing that vacation benches were not 'dumping grounds' where any pending matter could be sent. The judge also noted that, given the petition had already been referred through a division bench to his court, an urgent hearing was not warranted.
Banerjee's counsel had argued that, although the scheduled hearing in the matter is in December, news about the investigations was being published in the media almost daily, creating an urgent situation that required early intervention.
How the Case Reached Justice Bhattacharya's Bench
Banerjee had initially approached a separate single-judge bench presided over by Justice Krishna Rao last week. Justice Rao recused himself from the matter without dismissing it, and advised Banerjee's legal team to approach an appropriate bench, since the petition alleged that investigating agencies were leaking information to the media. The matter was subsequently routed through a division bench and assigned to Justice Bhattacharya, who admitted the petition on 13 October but declined an urgent hearing at that stage as well.
What the Petition Alleges
Banerjee's counsel has contended that details of his client's interrogation — including the specific questions posed by investigators — were being leaked to the media. The petition also flagged reports about Banerjee's foreign travels and other personal matters that, according to his counsel, bore no direct connection to the cases under probe.
The counsel argued that such disclosures infringed upon Banerjee's right to personal privacy and damaged his dignity and reputation. The plea seeks a bar on the publication of reports relating to the ongoing investigations, citing concerns over the disclosure of investigative details and personal information.
Investigations Banerjee Is Facing
Banerjee has been under scrutiny by central agencies — including the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) — for a considerable period. Following a change of government in West Bengal after assembly elections earlier this year, state agencies, including the Criminal Investigation Department (CID), also launched fresh probes into certain matters involving him. CID officials have questioned the Diamond Harbour MP on multiple occasions in connection with these investigations.
What Happens Next
With no vacation bench referral granted, the petition is now scheduled for a regular hearing in December. The case touches on a broader legal tension between the rights of an accused or suspect to privacy and the media's freedom to report on matters of public interest — a debate courts across India have increasingly been called upon to arbitrate. How Justice Bhattacharya's bench ultimately rules could set a significant precedent for the scope of judicial orders restricting coverage of ongoing probes.