The Calcutta High Court on Monday sought a response from the West Bengal government on a petition filed by the Trinamool Congress (TMC) challenging the legality of a pre-dawn police search at the residence of senior party leader Abhishek Banerjee on June 13.
Hearing the matter, Justice Saugata Bhattacharya also directed that CCTV footage from Banerjee's residence, along with all audio and video records of the police search operation, be preserved until further orders.
The court declined to grant any interim relief at this stage, observing that the legality of the search itself is under challenge.
"Since propriety of the search and seizure operation conducted on June 13 is questioned in this writ petition, there is no scope of passing any interim order today," the court observed.
Justice Bhattacharya directed the State to file its affidavit in opposition within three weeks, following which the TMC may file its reply within two weeks. The matter will be listed for hearing after the exchange of affidavits.
The case stems from a police operation carried out at Banerjee's Kalighat residence in an attempt to locate his aide, Sumit Roy, who is wanted in connection with an alleged land fraud case. Police have claimed that mobile tower location data indicated Roy's presence at the premises.
Appearing for the TMC, senior advocate Kishore Datta clarified that the party was not challenging the investigation itself but the manner in which the police conducted the operation.
"I am not questioning the investigation. I am not ipso facto against the search and seizure. I am against the misuse of powers by the police. In the name of investigation, you cannot go to somebody else's house in the middle of the night in a case concerning allegations from May 2021," Datta argued.
Questioning the timing of the operation, the court asked the State, "Why dead at night?"
Responding on behalf of the State, Additional Advocate General Rajdeep Mazumder denied that the search was conducted unlawfully.
"It was not dead at night. They were knocking on the door. Persons were confined from 12 AM," Mazumder submitted.
He further argued that the police feared the accused might escape and maintained that the search was conducted strictly in accordance with the powers available under Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
During the hearing, Datta requested the court to ensure that all visual records of the operation were preserved while the petition remains pending, including any footage captured through police body cameras.
Mazumder responded that CCTV footage from the residence would naturally remain with Banerjee as the property owner. However, Datta insisted that all audio-visual material in police custody should also be secured.
The State also informed the court that it intended to place on record details regarding the entry of former Chief Minister Mamata Banerjee into the premises during the operation.
"We shall also place on record that ex-Chief Minister entered. That cannot be done. Similar situation is pending before the Supreme Court," Mazumder told the court.
After hearing both sides, the High Court directed the preservation of all CCTV footage and police audio-video records related to the June 13 search, while keeping the matter pending for further hearing after the completion of pleadings.
