The Calcutta High Court on Friday pulled up Trinamool Congress National General Secretary, Abhishek Banerjee, over his refusal to provide his voice sample in connection with the 'DJ remark' case, warning that the interim protection granted to him could be revoked if he failed to cooperate with the investigation.
Hearing Banerjee's petition challenging a Magistrate's order directing him to provide a voice sample, Justice Sougata Bhattacharyya observed that the protection earlier granted by the High Court was conditional upon his full cooperation with the investigating agency.
Opening the hearing, the Bench questioned why Abhishek Banerjee had still not complied with the investigative process despite enjoying protection from coercive action. "There should be a limit to everything. I have already given protection subject to cooperation. I will withdraw the protection," Justice Bhattacharyya remarked.
The court also indicated that it was prepared to dismiss the petition with exemplary costs if it found that the application was being used to delay the investigation. "I will dismiss it with exemplary cost. Will you withdraw this application or not? It is an abuse of due process of court. When will you go to give the sample? Or I will recall this order," the Bench told Banerjee's counsel.
Appearing for the Trinamool MP, senior advocate Ayan Bhattacharjee argued that his client was not disputing the authenticity of the alleged audio recording that forms part of the investigation. "I am not disputing my voice, I am admitting it," counsel submitted.
The Bench, however, observed that acknowledging the recording did not exempt Abhishek Banerjee from complying with investigative requirements, including the collection of his voice sample. When the court suggested that the petition could be withdrawn, Abhishek Banerjee's counsel requested an opportunity to explain the legal challenge. "Fine, I am hearing it. Place it. Otherwise withdraw it. Tell me your grievance," the court responded.
Counsel argued that the earlier High Court order, which restrained coercive action against Abhishek Banerjee, did not prevent him from questioning the legality of the Magistrate's direction to furnish a voice sample. "The order was for no coercive action. The Magistrate's order was without reason. My cooperation does not mean I will abdicate my right," he submitted.
Justice Bhattacharyya, however, observed that the earlier order clearly envisaged Banerjee's cooperation with every step of the investigation. "Steps taken in connection with the investigation authority to record the voice sample comes under the jurisdiction of my order. You are bound to cooperate with the investigation. I need to go into the Magistrate's order," the Bench observed.
The court further remarked that the petition appeared to be an attempt to obstruct the investigation after securing interim relief from the High Court. "We granted protection subject to compliance with the investigation agency. So therefore, we need not enter into these issues. This is a ploy to frustrate the investigation after getting an order from us," the Bench said.
Towards the conclusion of the hearing, Banerjee's counsel informed the court that his client was prepared to appear before the investigating agency, provided adequate security arrangements were made. "Please record my statement, and direct me to appear. Only protect me from egg pelting. How can they have an issue with it?" counsel submitted.
The court accepted the concern regarding security and directed the State to ensure that Abhishek Banerjee could cooperate with the investigation without facing any disruption. "That you (State) have to ensure. It is the State's duty to control the mob from pelting eggs," the Bench told the Advocate General's office.
The hearing stemmed from the High Court's earlier order granting Abhishek Banerjee protection from coercive action while simultaneously directing him to cooperate with the investigation. During Friday's proceedings, the Bench repeatedly emphasised that such protection could not be invoked to avoid or postpone investigative procedures, including the recording of his voice sample.
