Trinamool Congress (TMC) MP Abhishek Banerjee has approached the Calcutta High Court seeking to quash an FIR registered against him over controversial remarks targeted at Union Home Minister Amit Shah during an election rally last month.
The petition, filed on Monday, comes after the Bidhannagar Cyber Crime department registered a case against the TMC national general secretary under several non-bailable sections of the Bharatiya Nyaya Sanhita (BNS) and the Representation of the People Act.
The legal matter is expected to move quickly. Senior advocate and TMC MP Kalyan Banerjee confirmed that the petition is likely to come up for a hearing later this week before the bench of Justice Saugata Bhattacharyya.
The Rally Remarks and the Complaint
The FIR was initiated following a formal complaint lodged by Rajiv Sarkar, who accused Banerjee of issuing direct threats to Amit Shah and other leaders of the Bharatiya Janata Party (BJP).
The dispute centers on comments Banerjee allegedly made during an April 7 election rally in Kolkata. According to Sarkar’s complaint, the TMC leader warned, “I will see who comes to save them on May 4. I will see… which godfather from Delhi comes to their rescue.”
Sarkar also alleged that Banerjee used “strong language” to challenge the Union Home Minister to face the public without central security once the election results were declared. Banerjee reportedly asserted that the Trinamool Congress would “finish the game” that he claimed had been started by the BJP.
“It is not about Abhishek Banerjee,” Sarkar said, explaining his decision to pursue legal action. “Any political leader who uses such language and threats against another political leader is unacceptable.”
Timeline of the Police Investigation
Sarkar’s attempt to file a case began on May 5 when he first approached the Baguiati police station. Officers there directed him to the cyber crime unit, prompting him to lodge a formal complaint with the Bidhannagar Cyber Crime department later that same day. Police subsequently notified Sarkar on a Friday that the FIR had been officially registered.
Serious Legal Charges Imposed
The police have booked the high-profile parliamentarian under severe sections of the law.
According to police officials, the FIR includes:
- BNS Section 196: Promotion of enmity and hatred (a non-bailable offense carrying a penalty of up to three years in prison and a fine).
- BNS Section 351: Criminal intimidation.
- BNS Section 353(1)(c): Circulation of false information or rumors to incite hatred.
- Representation of the People Act, 1951 (Sections 123(2) and 125): Charges relating to electoral offenses.
With the petition now before the Calcutta High Court, all eyes are on Justice Saugata Bhattacharyya’s bench as it prepares to hear the TMC leader’s plea to dismiss the charges.
