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Calcutta HC Declines Abhishek Banerjee’s Plea Seeking Restraint on Media Houses Over Reporting of Ongoing Investigation

Calcutta HC Declines Abhishek Banerjee’s Plea Seeking Restraint on Media Houses Over Reporting of Ongoing Investigation

Media Reporting Ongoing Investigation

The Calcutta High Court declined to entertain a plea filed by Trinamool Congress MP Abhishek Banerjee seeking directions to restrain media houses from publishing, circulating or expressing opinions concerning him in relation to an ongoing investigation.

Abhishek Banerjee, who is under investigation in an FIR, alleged that investigating agencies were leaking details of the investigation, including information relating to interrogation, searches and other investigative steps, to media houses, resulting in a sustained campaign against him and violating his rights to dignity, reputation and fair investigation under Article 21.

Relying on an earlier order passed by the High Court in a similar matter concerning his wife, the counsel representing Abhishek Banerjee submitted that the Court had previously laid down safeguards governing media reporting during an ongoing investigation. He particularly relied on directions requiring investigating agencies not to disclose investigation-related material to the public or media and requiring media entities to ensure that their reporting is objective, accurate and capable of being corroborated.

The Counsel clarified that the principal grievance in the present plea was against the media houses and their alleged reporting, while the alleged leakage of information by investigating agencies was ancillary to the challenge. He sought a direction restraining the media respondents from making or publishing statements, opinions or representations concerning matters forming part of the pending investigation.

The Court, however, raised concerns regarding the roster and its jurisdiction to entertain the plea, particularly since the allegations also concerned the investigating agency. The Court ultimately held that it did not have the determination to hear the application and granted Banerjee liberty to approach the appropriate court having jurisdiction. In view of the urgency expressed, the Court permitted him to mention the matter before the appropriate court.

Appearances

For Abhishek Banerjee: Mr. Shoeb Alam Sr Adv; Nipun Saxena, Agnish Basu, Advocates