The Calcutta High Court asked TMC MP Abhishek Banerjee to name judges he believes support the BJP or the Trinamool Congress.
The remarks came as the court heard his plea against the downgrade of his security cover from Z+ to X category.
The state’s additional advocate general said Banerjee’s comments about judicial delays amounted to criminal contempt; his counsel said they were unrelated to the security petition.
The Calcutta High Court on Thursday rapped Trinamool Congress MP Abhishek Banerjee, challenging him to identify judges he believes are aligned with the BJP and those who support his party, after the state government accused him of casting aspersions on the judiciary.
“Ask your client. Who are the judges with the BJP? Please give the list. Your client is very intelligent as per the statement. Let your client give the list of those who belong to the BJP and those who belong to the AITC,” Justice Krishna Rao said while hearing Banerjee’s petition against the downgrade of his security cover from Z+ to X category.
The bench said the controversy over Banerjee’s remarks would not affect its decision on the security plea. “Because of one publication, the writ petition should not be affected. I will take into account everything and pass orders,” Justice Rao observed.
The court’s remarks followed comments Banerjee reportedly made on November 7, criticising delays in the case. He said the petition had been “partly heard” and alleged that the BJP had exerted pressure.
“I filed a petition before the Calcutta high court. It was partly heard. The matter was to be heard again on (October) 13. Maybe they (BJP) created some pressure. The matter was before Justice Krishna Rao. He heard the matter in part. Afterwards, the matter was listed as item 16 in the vacation bench. He took up matters till item 15. Then he rose,” Banerjee reportedly said at a gathering on his birthday.
On Thursday, Additional Advocate General Billwadal Bhattacharya, appearing for the state, submitted a video clip and transcript of Banerjee’s speech. He read excerpts in court and said the remarks amounted to criminal contempt.
“A part of the judiciary is playing the role of mute spectators. We have nowhere to go. Today this vandalism is going on all across Bengal because of the high court and Supreme Court . . . These goons are only gaining the courage because the judiciary is keeping the cases pending. If I need to go to jail for speaking the truth, I am ready,” Banerjee reportedly said.
“In my opinion and as an officer of this court, this constitutes criminal contempt. He has cast aspersions on the judge. The court cannot be taken for a ride. Political rivalry can be there, but the court is beyond and above that,” Bhattacharya told the bench.
Senior advocate Shoeb Alam, representing Banerjee in the security case, argued that the comments had “no connection with the petition”. He said the state’s threat assessment did not reflect the situation on the ground and sought an urgent review of Banerjee’s security. “There is no denial of the fact that my client is under threat. I am only seeking an emergency review of his security and that his security cover be increased in the meanwhile,” he said.
Alam also told the court: “I am grateful for the dispassionate hearing regardless of what has happened. I will counsel my client.”
The court observed that Banerjee could have approached another bench if he was aggrieved by an earlier order, noting that vacation benches were available to hear such matters.
BJP spokesperson and advocate Priyanka Tibrewal called Banerjee’s remarks “very shameful”. “Now that his party isn’t in power anymore, he has lost his senses. The law takes its own course, and no one is above it. If someone is speaking out against the judges, that is surely contempt,” she said.
Mamata Banerjee's Trinamool leader and lawyer Baiswanor Chatterjee said he could not comment on either Banerjee’s remarks or the court’s observations. He pointed, however, to the large number of pending cases. “Thousands of cases are pending in the courts. People are not getting relief. Many people have expressed their anguish on various platforms,” he said.
