The Calcutta High Court has granted Trinamool Congress leader Abhishek Banerjee protection from coercive action in connection with the Sebashray health camp case until November 30, while questioning why multiple FIRs were being registered against him.
A bench led by Justice Saugata Bhattacharyya expressed displeasure over the repeated cases and indicated that the court could impose stricter restrictions if the situation continued. “Enough is enough, no more. In the last few months, multiple cases have been filed against one person. The court is annoyed,” the judge observed.
The case relates to health camps organised under Banerjee’s Sebashray initiative in his parliamentary constituency of Diamond Harbour. Allegations have been raised that the camps were conducted without the required permissions and that some patients were allegedly subjected to incorrect treatment.
An FIR was registered after BJP leader Abhijit Das, also known as Bobby, approached Bishnupur police in July. Subsequently, the family of a woman named Malati Biswas filed a complaint at Rabindranagar police station, leading to another FIR naming Banerjee and several others.
During Monday’s hearing, the court questioned whether the allegations of medical negligence had first been taken to the appropriate regulatory authorities. “If there was medical negligence, the patient’s family could approach the State Medical Council, the National Medical Commission and the consumer protection authorities. They are the appropriate authorities. Was any complaint made there?” the court asked.
The bench also questioned the need to seek Banerjee’s custodial interrogation when there was no allegation that he had personally treated any patient. The state, however, argued that Banerjee was responsible for organising the camps without obtaining the permissions required under the Clinical Establishments Act.
The court also referred to an earlier order concerning BJP leader Suvendu Adhikari, who had approached the judiciary over multiple FIRs filed against him. The judge indicated that a similar direction could be considered in Banerjee’s case.
“I will be compelled to pass an order like the one passed in Suvendu Adhikari’s case. No further FIR can be registered without the court’s permission. What is going on?” the judge said.
The court observed that there are designated authorities to determine whether medical treatment was negligent and questioned why those mechanisms had allegedly not been approached before criminal proceedings were initiated.
The bench also took note of the fact that the complainant, Abhijit Das, had contested elections against Banerjee twice and lost. His lawyer, Jayanta Narayan Chattopadhyay, argued that electoral defeats did not prevent his client from filing a legitimate complaint.
Opposing any move to halt the investigation, the lawyer alleged, “He is a super-powerful man. Please do not stop the investigation.”
Banerjee’s lawyers, Gopal Sankaranarayanan and Ayan Bhattacharya, represented him before the court.
The court has directed that no coercive action be taken against Banerjee until November 30, while also requiring him to cooperate with the investigation. If police need to question him, they must issue at least 48 hours’ prior notice.
Banerjee is currently abroad and is expected to return on September 22. The court said the police may summon him after his return, subject to the directions issued by the court.
The High Court also directed that any documents relating to complaints of alleged medical negligence be placed before it. The investigation into the Sebashray case will continue.
