High Court declines relief to Abhishek Banerjee in DJ comment case

Trinamool Congress MP Abhishek Banerjee faced a major legal setback on Tuesday after Calcutta High Court Justice Tirthankar Ghosh recused himself from hearing a petition related to a voice sample test. The case pertains to a police complaint regarding controversial remarks made by the Diamond Harbour MP during an election campaign, which the Criminal Investigation Department (CID) wants to verify via a voice sample recording. Banerjee had approached the High Court seeking interim protection and an intervention against the police action, but the court refused to grant any immediate relief, increasing the political leader's legal discomfort.

During the court proceedings, Banerjee's legal counsel had to face multiple sharp questions from the bench regarding the necessity of judicial interference in standard investigative processes. When Justice Ghosh questioned why the court should interfere in how an investigative agency collects evidence, the defense lawyer argued that his client had already admitted the voice was his. In response, the judge countered by questioning why there should be any hesitation to visit the police station and submit the voice sample again if the identity of the voice was not being disputed.

Justice Tirthankar Ghosh ultimately expressed his disinclination to intervene, pointing out that a separate petition seeking the dismissal of the core FIR is already pending before the bench of Justice Saugat Bhattacharya. Citing this overlapping jurisdiction, Justice Ghosh recused himself from the matter, directing the defense to present their arguments before the designated court instead. As a result of the recusal and the denial of temporary protection from coercive police action, the case file will now be returned to the Chief Justice of the Calcutta High Court for reallocation.