Calcutta High Court Grants TMC Leader Abhishek Banerjee Three Weeks’ Protection from Arrest
BNSS Section 179, Investigation, and Right Against Self-Incrimination
Calcutta High Court
Abhishek Banerjee Vs. The State of West Bengal
CRR 2240 of 2026
Abhishek Banerjee
Vs.
The State of West Bengal
Mr. Ayan Bhattacherjee, Sr. Adv.
Mr. Agnish Basu
Mr. Vipul Vedant
Mr. Gourav Bose
..for the petitioner
Mr. Rajdeep Mazumder, AAG
Mr. Kallol Mondal, PP
Mr. Moyukh Mukherjee
Mr. Pritam Roy
..for the State
The petitioner is the National General Secretary of the political party presently in opposition in the State. He challenges three notices dated May 30, 2026, June 1, 2026, and June 8, 2026, issued under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).
The notices were issued in connection with Hare Street Police Station Case No. 98 of 2026 dated May 27, 2026, registered under Sections 318(4), 336(2), 336(3), 338, 340(2), and 61(2) of the Bharatiya Nyaya Sanhita, on the basis of a complaint lodged by the Principal Secretary of the West Bengal Legislative Assembly. The complaint alleges that a resolution dated May 6, 2026, was forwarded to the Hon’ble Speaker of the Assembly nominating the Leader of the Opposition, although no such resolution had, in fact, been adopted.
Mr. Ayan Bhattacherjee, learned Senior Advocate appearing for the petitioner, submits that a notice issued under Section 179 of the BNSS cannot require a person to produce documents. However, he further submits before this Court that, irrespective of his challenge to the legality and propriety of the aforesaid notices, the petitioner is willing to cooperate with the investigation and shall appear before the Investigating Agency as and when required.
Mr. Rajdeep Mazumder, learned Additional Advocate General, vehemently opposes the petitioner’s prayer. It is submitted that, in response to the notice issued by the Investigating Agency, the petitioner categorically informed the Agency that the original resolution book was not in his possession.
Mr. Mazumder contends that such a plea is wholly untenable, particularly when it is the petitioner who forwarded the photocopy of the alleged resolution.
It is further submitted by Mr. Mazumder that, since the petitioner has declined to produce the original resolution book, custodial interrogation has become necessary for the purpose of securing the original document. According to him, unless the original resolution is recovered, the investigation is likely to be seriously prejudiced.
This Court is of the considered view that, notwithstanding the fact that the petitioner is a named accused in the FIR, the Investigating Agency initially deemed it appropriate to issue a notice under Section 179 of the BNSS requiring his appearance. It is also a matter of record that the petitioner did not appear before the Investigating Agency pursuant to the said notice and instead sought time. Thereafter, two further notices under the same provision were issued, as noted hereinabove, directing him to appear before the Agency.
This Court is further of the view that, for the purpose of securing or recovering any document relevant to the investigation, the Investigating Agency remains at liberty to resort to search and seizure or to adopt any other measure permissible in law. The petitioner, however, cannot be compelled to be a witness against himself. Having regard to the petitioner’s unequivocal undertaking that he shall make himself available for interrogation by the Investigating Agency as and when required, this Court is inclined to pass the following interim order:
(a) The petitioner shall present himself before the Investigating Agency today by 6:00 p.m. The Investigating Agency shall be at liberty to interrogate the petitioner in accordance with law. The petitioner shall fully cooperate with the investigation.
(b) In the event the petitioner’s further presence is required, the Investigating Agency shall issue at least forty-eight hours’ prior notice to the petitioner. The petitioner shall thereafter appear before the Investigating Agency as and when required.
(c) The Investigating Agency shall not take any coercive steps against the petitioner for a period of three weeks from date.
List this matter after two weeks under the same heading. The Investigating Agency shall file a report on the next date of hearing.
(Kausik Chanda, J.)
11th June 2026
Sarvarthapedia Conceptual Network: Abhishek Banerjee Gets Temporary Protection
CRR 2240 of 2026: Abhishek Banerjee vs. The State of West Bengal
A judicial proceeding concerning investigative powers, procedural safeguards, production of documents, personal liberty, and constitutional protections during a criminal investigation.
See also
Primary Cluster: Criminal Justice System
Criminal Justice System
The institutional framework through which alleged offences are investigated, prosecuted, adjudicated, and reviewed.
Connected Concepts
- Investigation
- Police Powers
- Criminal Procedure
- Courts
- Due Process
- Rights of the Accused
- Evidence
- Judicial Review
See Also
- Rule of Law
- Justice
- State Power
- Constitutional Rights
Investigation Cluster
Investigation
The process of gathering facts, evidence, and testimony relating to an alleged offence.
Appears In
- Hare Street Police Station Case No. 98 of 2026
Connected Concepts
- Investigating Agency
- Interrogation
- Evidence Collection
- Search and Seizure
- Notice to Appear
- FIR
Leads To
- Prosecution
- Closure Report
- Judicial Scrutiny
See Also
- Criminal Justice System (India)
- Evidence
- Police Powers
Investigating Agency
Authority empowered to investigate alleged criminal conduct.
Connected Concepts
- Investigation
- Notice under BNSS
- Interrogation
- Search and Seizure
- Custodial Interrogation
Related Questions
- Scope of investigative power
- Limits imposed by law
- Judicial oversight
See Also
- Police Powers
- Due Process
- Rule of Law
Criminal Procedure Cluster
Bharatiya Nagarik Suraksha Sanhita (BNSS)
Procedural law governing criminal investigations and criminal justice processes.
Connected Concepts
- Section 179 Notice
- Appearance Before Investigators
- Investigation
- Procedural Safeguards
Related Fields
- Criminal Procedure
- Constitutional Law
- Administrative Law
See Also
- Due Process
- Investigation
- Criminal Justice System
Section 179 Notice
A procedural mechanism requiring a person to appear before investigators.
Central Legal Issue
Whether such notice can compel production of documents.
Connected Concepts
- Appearance Requirement
- Cooperation with Investigation
- Investigative Authority
- Legal Limits
Opposing Concepts
- Compelled Self-Incrimination
- Excessive State Power
See Also
- BNSS
- Investigation
- Constitutional Rights
Evidence Cluster
Evidence
Material used to establish facts in a legal proceeding.
Connected Concepts
- Resolution Book
- Documentary Evidence
- Photocopy
- Original Document
- Authenticity
Leads To
- Fact Finding
- Judicial Determination
See Also
- Investigation
- Proof
- Burden of Proof
Resolution Book
The disputed documentary record central to the investigation.
Connected Concepts
- Original Document
- Photocopy
- Legislative Procedure
- Authenticity Verification
Related Questions
- Possession
- Custody
- Recovery
- Evidentiary Value
See Also
- Documentary Evidence
- Search and Seizure
Original Document
Primary evidence whose authenticity can be verified directly.
Contrasted With
- Secondary Evidence
- Photocopies
Connected Concepts
- Recovery
- Search
- Seizure
- Forensic Examination
See Also
- Evidence
- Investigation
Constitutional Rights Cluster
Right Against Self-Incrimination
A principle preventing an individual from being compelled to become a witness against themselves.
Directly Referenced By Court
“The petitioner cannot be compelled to be a witness against himself.”
Connected Concepts
- Constitutional Liberty
- Fair Trial
- Human Rights
- Due Process
Opposing Concepts
- Forced Confession
- Coerced Testimony
See Also
- Fundamental Rights
- Due Process
- Criminal Justice
Personal Liberty
Protection of individuals from arbitrary state action.
Connected Concepts
- Arrest
- Coercive Measures
- Judicial Protection
- Interim Relief
Leads To
- Rule of Law
- Constitutional Governance
See Also
- Fundamental Rights
- Due Process
Due Process
Requirement that legal proceedings follow established legal standards and fairness.
Connected Concepts
- Notice
- Hearing
- Investigation
- Judicial Oversight
See Also
- Rule of Law
- Justice
- Fair Trial
Judicial Function Cluster
Judicial Review
Court supervision over the legality of state actions.
Demonstrated In
Challenge to investigative notices.
Connected Concepts
- High Court
- Interim Order
- Judicial Protection
- Procedural Fairness
See Also
- Constitutional Law
- Rule of Law
Interim Order
Temporary judicial protection pending final adjudication.
Features In This Case
- Appearance before investigators
- Cooperation requirement
- Protection from coercive action
Connected Concepts
- Balance of Interests
- Judicial Discretion
- Temporary Relief
See Also
- Judicial Review
- Due Process
Police Powers Cluster
Search and Seizure
Legal process for recovering evidence relevant to an investigation.
Explicitly Mentioned By Court
The investigating agency may use search and seizure to recover documents.
Connected Concepts
- Evidence Collection
- Original Document
- Investigative Powers
Contrasted With
- Compelled Self-Incrimination
See Also
- Investigation
- Evidence
Custodial Interrogation
Questioning conducted while a person is in investigative custody.
Raised By State
Argued as necessary for recovery of the original resolution.
Connected Concepts
- Investigation
- Evidence Recovery
- Personal Liberty
Legal Tension
Security of investigation versus individual liberty.
See Also
- Arrest
- Constitutional Rights
Legislative Governance Cluster
Legislative Assembly
Representative law-making institution of a state.
Connected Concepts
- Speaker
- Leader of Opposition
- Resolution
- Parliamentary Procedure
See Also
- Democracy
- Governance
Resolution
Formal institutional decision adopted through legislative procedure.
Connected Concepts
- Legislative Process
- Documentation
- Authenticity
- Record Keeping
Central Dispute
Whether such a resolution was actually adopted.
See Also
- Legislative Assembly
- Evidence
Leader of Opposition
Official parliamentary position recognized under legislative rules.
Connected Concepts
- Opposition Party
- Parliamentary Democracy
- Legislative Procedure
See Also
- Democracy
- Legislative Assembly
Democracy Cluster
Opposition Party
Political organization not presently governing.
Connected Concepts
- Democracy
- Accountability
- Legislative Debate
See Also
- Political System
- Governance
Democracy
Political system based on representation, accountability, and lawful governance.
Connected Concepts
- Opposition
- Legislature
- Judiciary
- Rule of Law
Leads To
- Constitutional Government
See Also
- Governance
- Constitutionalism
Rule of Law Cluster
Rule of Law
Principle that all persons and institutions are subject to law.
Integrates
- Investigation
- Judicial Review
- Constitutional Rights
- Legislative Governance
Central Tension In This Case
Balancing:
- Effective Investigation
- Individual Rights
- Judicial Oversight
See Also
- Justice
- Due Process
- Constitutional Government
Master Cross-Reference Hub
Core Legal Concepts
- Criminal Justice System
- Investigation
- Evidence
- Judicial Review
- Due Process
- Rule of Law
Core Constitutional Concepts
- Personal Liberty
- Fundamental Rights
- Right Against Self-Incrimination
- Judicial Protection
Core Governance Concepts
- Democracy
- Legislative Assembly
- Opposition Party
- Leader of Opposition
- Constitutional Government
Core Procedural Concepts
- BNSS
- Section 179 Notice
- Search and Seizure
- Custodial Interrogation
- Interim Order
Core Philosophical Concepts
- Justice
- Authority
- Liberty
- Accountability
- Legitimacy
- State Power
Network Pathways
Investigation Pathway
FIR → Investigation → Notice under Section 179 → Appearance → Interrogation → Evidence → Judicial Scrutiny
Constitutional Pathway
Notice → State Power → Personal Liberty → Self-Incrimination → Due Process → Judicial Protection
Governance Pathway
Resolution → Legislative Assembly → Leader of Opposition → Political Representation → Democracy
Rule of Law Pathway
State Power → Investigation → Judicial Review → Interim Order → Rights Protection → Rule of Law
This creates a Sarvarthapedia-style knowledge web where every factual element of the order is connected upward to legal, constitutional, political, institutional, and philosophical concepts, and horizontally to related doctrines and procedures.
Case Meta Information Sheet
Case Meta Information
| Particulars | Details |
|---|---|
| Court | Calcutta High Court – Appellate Side |
| Case Type | CRR (Criminal Revision) |
| Filing Number | 2261/2026 |
| Filing Date | 03 June 2026 |
| Registration Number | 2240/2026 |
| Registration Date | 03 June 2026 |
| CNR Number | WBCHCA-024165-2026 |
| Case Status | Pending |
| Stage of Case | New Motion |
| First Hearing Date | 05 June 2026 |
| Next Hearing Date | Not Yet Fixed |
| Bench Type | Single Bench |
| Judicial Section | Criminal Section |
| State | West Bengal |
| District | Kolkata |
Parties
Petitioner
- ABHISHEK BANERJEE
Advocate for Petitioner
- Soham De Dhara
Respondent
- THE STATE OF WEST BENGAL
FIR Details
| Particulars | Details |
|---|---|
| State | West Bengal |
| District | Kolkata |
| Police Station | Hare Street |
| FIR No. | 98 |
| Year | 2026 |
Category Details
| Particulars | Details |
|---|---|
| Category | Group C (Criminal Matters) |
| Sub-Category | Quashing of Proceedings |
Hearing History
| Judge | Hearing Date | Purpose |
|---|---|---|
| Hon’ble Justice Kausik Chanda | 05-06-2026 | New Motion |
| Hon’ble Justice Chaitali Chatterjee (Das) | 05-06-2026 | Criminal Revision |
| Hon’ble Justice Kausik Chanda | 11-06-2026 | New Motion |
Orders Passed
| Sl. No. | Case No. | Judge | Order Date |
|---|---|---|---|
| 1 | CRR/2240/2026 | Hon’ble Justice Chaitali Chatterjee (Das) | 05-06-2026 |
| 2 | CRR/2240/2026 | Hon’ble Justice Kausik Chanda | 11-06-2026 |
Objection Status
| Scrutiny Date | Status |
|---|---|
| 03-06-2026 | All objections complied |
Brief Case Snapshot
- Criminal Revision Petition (CRR No. 2240 of 2026) filed by Abhishek Banerjee against The State of West Bengal.
- Arises out of Hare Street Police Station FIR No. 98/2026.
- Matter is categorized as “Quashing of Proceedings.”
- The case is presently at the New Motion stage.
- No further hearing date has yet been assigned following the proceedings on 11 June 2026.
