Kolkata: The Calcutta High Court granted interim protection from coercive action to Trinamool Congress (TMC) MP and general secretary Abhishek Banerjee on Thursday, June 11, in the alleged forged signatures of newly elected TMC MLAs, which has caused a split in the party.
Justice Kausik Chanda ordered Banerjee to cooperate with the investigation and appear before the West Bengal Crime Investigation Department (CID) at its headquarters, Bhabani Bhaban, by 6 pm on Thursday. The court simultaneously restrained the state from taking any coercive steps against him for three weeks.
Banerjee’s lawyer stated that the MP is scheduled to arrive in Kolkata around 4 pm from Delhi.
Justice Chanda noted that an accused individual cannot be pressured to furnish documents that could incriminate him. Such actions would violate the constitutional protection against self-incrimination under Article 20, the High Court held.
“This court is of the view that for securing documents the investigating agency is at liberty to do search and seizure as per law… (but) the agency shall not take coercive steps for three weeks. If further interrogation is required the agency will give 24-hour notice.”
“The petitioner shall cooperate with the agency (and) the agency is at liberty to interrogate him, for which the petitioner shall meet the agency as and when required,” the court said, posting the matter for hearing two weeks later.
Allegations of forged signatures
The controversy erupted after a proposal sent to the Speaker seeking recognition of senior TMC MLA Sovandeb Chattopadhyay as Leader of Opposition allegedly contained forged signatures of several legislators. The allegations led to the registration of a first information report (FIR) and a CID investigation. The case has now snowballed into the biggest internal crisis in the TMC’s 28-year history.
The rebellion traces its immediate origins to the dispute over the selection of the Leader of Opposition after the Assembly elections.
The crisis escalated when 58 of the TMC’s 80 MLAs defied the party leadership and backed expelled MLA Ritabrata Banerjee for the post instead of the party’s official nominee, Sovandeb Chattopadhyay.
In a dramatic turn of events last week, the rebel camp wrested control of the legislature party, elected Ritabrata Banerjee as Leader of the Opposition and secured recognition from the Assembly Speaker, resulting in the first split in the TMC since its formation in 1998.
The CID’s simultaneous visits to Mamata Banerjee’s residence and party headquarters in Kalighat and Abhishek Banerjee’s office are being viewed as a significant escalation in the probe into the alleged forgery that lies at the heart of the political turmoil engulfing the ruling party.
Banerjee argues he was not an MLA at the time
Banerjee’s counsel submitted that the allegations were strictly regarding offences of forgery and cheating, arguing that his client was the party’s General Secretary and not an MLA at the time of the incident.
According to the counsel, the MLAs had taken a unanimous decision after the Assembly election results, and Banerjee, serving as the General Secretary, simply communicated his party’s decision to the Speaker.
Represented by Additional Advocate General Rajdeep Majumdar, the State objected to the plea and stated that the investigation had revealed a serious mismatch of facts. The State said Banerjee had initially informed the Speaker about the choice of Leader of Opposition without including any minutes of the meeting.
It was only after the Speaker sought supporting documents that a resolution and attendance sheet bearing signatures of MLAs were submitted, the State said.
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