Why Trinamool’s Repeated Attempts To Intimidate Calcutta High Court Needs Firm Response From Judiciary

Trinamool Congress general secretary Abhishek Banerjee has committed what could qualify as a clear case of contempt of court. 

Banerjee crossed a red line when he singled out Justice Rajshekhar Mantha of the Calcutta High Court and accused him of “working in a partisan manner to strengthen a particular political party” (meaning the BJP). 

Banerjee was displeased over the blanket protection granted by Justice Mantha in December last year to leader of opposition Suvendu Adhikari from coercive action by the state police. 

Justice Mantha had, on a plea filed by Adhiakri in December, stayed the operation of 26 FIRs filed against the Leader of Opposition and granted him immunity from arrest by the state police. 

Justice Mantha had also asked the state police to seek the High Court’s permission before filing fresh FIRs against Adhikari. 

The protection granted to Adhikari was deemed necessary because of the witch-hunt launched against him by the Bengal police. 

The trigger for Adhikari’s plea before the High Court was the lodging of multiple FIRs against him by the police for being present at a BJP programme to distribute blankets to poor people in Asansol on December 14. 

Three people died in a stampede when a crowd rushed towards the podium to collect the blankets. But the stampede happened after Adhikari left the venue. 

The lodging of FIRs against Adhikari for what was clearly an accident in which the Leader of Opposition had no culpability prompted the High Court to provide relief to Adhiakri. Adhikari had pointed out that Bengal’s partisan police, acting at the behest of a vengeful Trinamool Congress, was targeting him. 

The Bengal government then appealed against Justice Mantha’s orders before a decision bench headed by then Chief Justice Prakash Srivastava. But that appeal was dismissed. 

The Bengal government approached the Supreme Court with the same plea, but that plea was dismissed as well and the apex court referred the case back to the Calcutta High Court. The Calcutta High Court, once again, dismissed the state’s appeal. 

Frustrated in its efforts, the Trinamool then targeted Justice Mantha. 

A large group of lawyers owing allegiance to the Trinamool Congress laid siege to Justice Mantha’s courtroom on January 9 and prevented other lawyers from going in. 

The lawyers called for a boycott of Justice Mantha, who had also angered the ruling party for removing protection from ED action to Abhishek Banerjee’s sister-in-law Maneka Gambhir who was being probed for allegedly laundering the proceeds of the illegal coal smuggling scam in which Abhishek and his wife are also suspects. 

Derogatory posters were also put up around Justice Mantha’s residence in South Kolkata. The posters, bearing the judge’s photographs, screamed: “Shame: Disgrace in the name of Judiciary” and named the Judge. 

The posters listed three charges against Justice Mantha: “Pardons all criminal cases against Suvendu Adhikari”; “Resides at an illegal property”; and, “Removes rightful protection accorded to Abhishek Banerjee’s sister-in-law”. 

But a three-judge bench of the Calcutta High Court took strong exception to the posters and ordered the Calcutta Police commissioner to identify, arrest and prosecute those who put up the posters. The Chief Justice and other Judges also strongly condemned the action by the lawyers and the Court initiated contempt proceedings against them. 

Six persons were later identified and arrested for putting up the posters defaming Justice Mantha. And the lawyers who staged a protest in front of Justice Mantha’s courtroom apologised. 

But Justice Mantha continued to be in the Trinamool’s crosshairs and continued to be criticised by ruling party leaders. 

Justice Gangopadhyay had allowed the CBI and ED to probe the cattle smuggling, illegal coal mining and cash-for-school jobs scams in which top Trinamool leaders are the prime suspects.

Justice Gangopadhyay had dismissed the state government’s pleas that the state police was competent enough to probe these scams. He had asked the CBI and ED to probe Abhishek Banerjee in the cash-for-school jobs scam. 

The state government’s appeals to a larger bench of the Calcutta High Court and the Supreme Court against rulings by Justice Gangopadhyay had been repeatedly dismissed, adding to the state’s, and the Trinamool’s, collective frustrations. 

Justice Gangopadhyay, like Justice Mantha, had also come in for ugly attacks by Trinamool leaders and spokespersons. 

But Abhishek Banerjee’s criticism of Justice Mantha Friday (July 14) has been the strongest as yet. And that criticism, a voluble attempt to intimidate the judiciary, amounts to contempt of court. 

The trigger for Friday’s attack on Justice Mantha was Abhishek’s visit to a state-run hospital to visit some people who were injured in clashes with BJP workers in East Midnapore, which happens to be Suvendu Adhikari’s turf. 

What Abhishek Banerjee said:

Abhishek told reporters after meeting the injured: “The manner in which the Calcutta High Court is making a particular political party stronger and healthy is unprecedented in India’s post-Independence history. The same bench which has provided protection to Suvendu Adhikari has also given protection to Pabitra Kar, Meghnath Pal, Ashok Karan (all East Midnapore BJP leaders).

“And due to it (court protection), 14 people have come here with fractured arms, legs and hips…If anyone is responsible for this, it is this honourable Judge of the Calcutta High Court”. 

“Honourable Justice Mantha has given the judgement that if Suvendu Adhikari were to commit a crime in future, no action can be taken against him. Even to lodge an FIR one has to take the Court’s permission. What is the HC’s compulsion? What are the compulsions of this Judge that all those who are in Suvendu’s shadow have to be protected? Why have the police’s hands been tied?” said Abhishek. 

Banerjee clarified that he was referring to “one judge, the rest of the judges are still attempting to keep their spine straight and work impartially, I bow to them. But due to one judge, the judiciary is being defiled. They are trying to break the state machinery… working on Delhi’s orders. We hope the judiciary will work impartially”. 

The Trinamool leader also cocked a snook at the judiciary, throwing an open challenge to the Court to book him for contempt. “If anyone wants to take action against me for speaking the truth, they can do so,” he said. 

Abhishek Banerjee’s diatribe against the judiciary is not an isolated case of pique. It is part of a well-designed and systematic attempt to intimidate the judiciary.

Contempt?

Outrageous and defamatory statements have often been made by Trinamool leaders against individual judges who pass orders that are not liked by the party and the state government.

“The larger game plan is that by repeatedly targeting individual judges, the ruling party will succeed in intimidating the entire judiciary. After all, no judge would like to become the target of any political party,” said a senior lawyer who did not want to be named.

Many senior lawyers feel that the not only the Chief Justice of the Calcutta High Court, but the Supreme Court should also take cognisance of these insidious attempts by the Trinamool Congress and its leaders to intimidate and subvert the judiciary. 

“Exemplary punishment should be meted out to Abhishek Banerjee. He made those statements against a Judge knowing fully well that even the Supreme Court had dismissed the state government’s appeal against Justice Mantha’s order granting protection to Suvendu Adhikari. So he was challenging and defaming the Supreme Court as well. The High Court and Supreme Court should not spare him since what he did was a clear case of contempt of court,” the senior lawyer who also practises in the Supreme Court told Swarajya. 

Many lawyers also argued for exemplary punishment to Abhishek Banerjee. “Trinamool leaders have made it a habit to personally target judges who pass orders that are not liked by the party. They make wild allegations. To stop this from happening, Abhishek Banerjee should be handed out a stiff punishment that will serve as a dire warning to all those who want to defame, subvert and intimidate the judiciary,” said another High Court lawyer who often serves as an amicus curiae to the Calcutta High Court.