The Calcutta High Court on Monday refused to initiate contempt proceedings against Trinamool Congress (TMC) MP Abhishek Banerjee for his remarks targeting judiciary.
A group of lawyers had filed a public interest litigation seeking contempt proceedings against the party’s national general secretary for the remarks.
A Division Bench of Justice Sabyasachi Bhattacharya and Justice Krishna Rao observed that stray comments, if taken into account, would make it impossible for the judiciary to function, and dismissed the petition.
The court said that it did not find sufficient reason to support suo motu contempt and that the comment was made to scandalise it. It, however, noted that no case of contempt was made and it was expected that people having an effect on public opinion should restrain themselves from making any comment that lowered the prestige of the judiciary.
Mr. Banerjee on Saturday alleged that they (the judiciary) were ordering investigation by the CBI at the drop of a hat. “I am ashamed to say that in the judiciary there are one or two who are working in hand and glove (with Centre) as pole-bearers, only one percent of it. They are ordering CBI probe at the drop of a hat.. Investigation in a murder case is being stayed. Have you heard anything like this?,” he stated at a public gathering at Haldia in Purba Medinipur district.
Initiate action, says Governor
Governor Jagdeep Dhankhar on Sunday sought action from the Chief Secretary against Mr. Banerjee for his remarks.
On Monday, the Governor said the Chief Secretary should “initiate all expected action & update by June 06, 2022 regards public targeting of judiciary by Diamond Harbour MP (over judiciary entrusting investigation to CBI in cases, including the infamous SSC scam), that can neither be overlooked nor countenanced”. He also tweeted, “similar orchestrated & synchronised targeting of a sitting judge, then seized of Nandigram Election Petition, was unleashed by Diamond Harbour MP & others in Sept 2021. CS unfortunately failed to take mandated “appropriate action” and has to explain failure by June 06”.
‘I have the right to criticise judgment’
Mr. Banerjee on Monday justified his remark by saying that he had the right to criticise a judgment and he has full respect for judiciary. “I have the right to criticise a judgment. If a judgment says there would be no FIR in a murder case, is it right or wrong? If I say something about the Judiciary, the Governor reacts to it. It only proves that the remarks have hit the right spot. I have full respect for the judiciary,” he stated at a rally in Shyamnagar, North 24 Parganas .
He observed that he did not name any judge or mentioned any judgment in particular and wondered why the Governor had remained silent when BJP leaders made controversial remarks against the Chief Minister.
