Stale, Dormant And Long-Forgotten Allegations: TMC’s Abhishek Banerjee Challenges Against Him Multiple FIRs In Calcutta HC

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Abhishek Banerjee has moved the Calcutta High Court challenging multiple FIRs registered after the 2026 West Bengal Assembly elections. He alleges the BJP-led State Government has targeted AITC leaders through politically motivated criminal cases and coercive action.

Abhishek Banerjee, National General Secretary of the All India Trinamool Congress (AITC) and Member of Parliament, has approached the Calcutta High Court seeking to challenge multiple FIRs registered against him after the 2026 West Bengal State Legislative Assembly elections.

The matter is expected to be heard this week by Justice Saugata Bhattacharya.

In his petition, Banerjee contends that following a shift in political power in the State after the Bharatiya Janata Party (BJP) formed the Government there has been a sudden and unprecedented escalation of criminal proceedings, complaints and coercive actions targeting AITC functionaries, with him allegedly being singled out.

He argues that the rapid succession of criminal cases filed against him within an unusually short timeframe demonstrates a concerted and systematic campaign of political persecution.

His plea filed through Advocate Agnish Basu states,

“…stale, dormant and long-forgotten allegations have been resurrected solely with a view to target the Petitioner on account of his political identity and his position as one of the foremost leaders of the opposition,”

The petition further submits that the purpose and impact of these actions appear to extend beyond any genuine investigation of alleged offences, and are instead aimed at imposing undue hardship, causing reputational harm, and creating political inconvenience.

Stressing that the State machinery should not be used as an instrument of political retribution, the petition pleads,

“The misuse of police powers to satisfy political objectives or to settle political scores constitutes an abuse of authority and is wholly contrary to the constitutional mandate of fairness, equality and non-arbitrariness. The police authorities are required to protect the rights of all citizens, including political opponents of the ruling establishment, and cannot selectively act against individuals on account of their political identity or affiliations”.

Banerjee also points out that the complainants did not offer any explanation for what he describes as extraordinary delays in approaching the police. At the same time, he alleges that the authorities showed extraordinary haste and remarkable promptitude in registering the FIRs.

He argues that the executive actions undermine the rule of law at its very foundation and directly infringe upon his fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution of India.

The FIRs cited in his petition are as follows:

  • Bidhannagar Cyber PS Case (May 15, 2026): The petition states that an FIR connected to his election campaign speeches was transferred mechanically to the Criminal Investigation Department (CID), despite no claim of contemporaneous public disorder or incitement.
  • Bhowanipore PS Case (May 27, 2026): The FIR is based on a social media post on “X”, where the complainant alleges that it negatively portrayed a particular community. Banerjee argues that campaign rhetoric or expressions directed at party workers cannot be treated as criminal merely through selective quoting, without context.
  • Kalitala Ashuti PS Case (June 16, 2026): Banerjee is arrayed as Accused No. 1 regarding allegations of an alleged organized illegal soil excavation at “MLA Lake” from 2021 to 2025. The petition claims the complaint is built on broad, unsubstantiated allegations, without any scientific assessment, survey report, or identification of any specific overt act.
  • Bishnupur PS Case (June 16, 2026): This case, Banerjee says, revives allegations concerning administrative irregularities related to ex-gratia financial compensation granted after Cyclone Amphan in May 2020. He highlights that a delay of six years suggests the complaint’s collateral purpose, alleging that he was included only because his name appeared under a “Recommended by” column in official administrative records.
  • Subsequent Complaints (June 23 and July 1, 2026): Banerjee alleges these were lodged by political opponents in relation to public welfare initiatives, namely the ‘Shraddhargyo’ elderly financial assistance scheme and the ‘Sebaashray’ healthcare camps. He claims the complaints seek extensive, fishing and roving inquiries into accounting and regulatory compliance. Invoking the Supreme Court decision in State of Haryana v. Bhajan Lal, the petition argues that criminal proceedings initiated with an ulterior motive cannot be permitted to continue and therefore should be quashed.

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