Calcutta HC Declines Relief to Abhishek Banerjee in 'DJ' Remark Case
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Kolkata,Jul 01: A single judge of the Calcutta High Court on Tuesday declined to grant immediate relief to Abhishek Banerjee, a leader of the Trinamool Congress (TMC), in his petition challenging the proposed collection of his voice sample in connection with the 'DJ' remark case.
A voter subsequently filed a criminal complaint, alleging that the statement was intimidating and provocative.
Senior Advocates Sabyasachi Banerjee and Ayan Bhattacharjee, along with their legal team, appeared for Abhishek Banerjee. The State was represented by Additional Advocate General Rajdeep Mazumder, Public Prosecutor Kallol Mondal, and Advocate Moyukh Mukherjee. The complainant was represented by Advocates Amritam Mondal, Arindam Samanta, Rajdeep Majumder, Arindam Bit, Arka Mukherjee, and Supratim Mukherjee.
The matter was heard by Justice Tirthankar Ghosh, who observed that related proceedings are already pending before another single-judge Bench. In view of this, the court held that the present petition should also be heard by the same Bench to ensure consistency.
"Having considered that the main issue is regarding the maintainability of the FIR and continuation of the investigation and the subject matter of the criminal proceedings is pending before the Co-ordinate Bench in WPA 11489 of 2026, for the ends of justice, it would be fit and proper, that one and the same Court should take up the issue canvassed in the present revisional application."
Accordingly, Justice Ghosh directed that Banerjee's plea be placed before the Acting Chief Justice for assignment to the appropriate Bench.
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Background of the Case
The case arises from statements allegedly made by Abhishek Banerjee during election campaigns ahead of the West Bengal Assembly elections. According to the complaint, Banerjee remarked that after the election results, DJs would play music so loudly in celebration that it would make people's ears ring.
Last week, the West Bengal Criminal Investigation Department (CID) obtained permission from a trial court to collect Banerjee's voice sample as part of the investigation. He was scheduled to appear before the trial court for the recording of the sample in the presence of experts but reportedly did not attend the hearing.
Meanwhile, Banerjee challenged the trial court's order before the Calcutta High Court. His counsel argued that a coordinate Bench of the High Court had already granted interim protection, restraining the police from taking any coercive action against him in cases related to his alleged objectionable election speeches until July 31.
The said interim order was passed by Justice Saugata Bhattacharya on a plea by Banerjee to quash the cases against him.
In the said May 21 order, the Court had added that Banerjee is expected to cooperate with the probe. It had further indicated that the State may seek a modification of the interim order if Banerjee does not cooperate with the investigation.
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State's Arguments and Court Proceedings
During the hearing, the State argued that Abhishek Banerjee's challenge to the collection of his voice sample was an attempt to avoid cooperating with the ongoing investigation.
After considering the submissions of both parties, Justice Tirthankar Ghosh declined to grant any interim relief. Instead, the Court directed that the matter be placed before Justice Saugata Bhattacharya, who is already hearing Banerjee's petition seeking to quash the main criminal case.