Kolkata, 07 September (H.S.) :

Trinamool Congress national general secretary and Diamond Harbour MP Abhishek Banerjee received major relief from the Calcutta High Court on Monday in connection with a case alleging medical malpractice at the ‘Sebashray’ health camps held in his parliamentary constituency.

The court granted Banerjee interim protection from arrest until November 30 and directed the police to issue him at least 48 hours’ notice if his presence is required for questioning.

The matter was heard by a bench headed by Justice Saugata Bhattacharyya. During the hearing, the court expressed displeasure over multiple FIRs being registered against Banerjee and questioned why several cases were being filed against the same individual.

The court also questioned the need to take Banerjee into custody for interrogation if he was not directly involved in the alleged medical treatment. The judge further asked whether the patient’s family had first approached the appropriate authorities with their allegations of medical negligence.

The court observed that in cases of alleged medical negligence, patients or their families can approach appropriate authorities, including the State Medical Council, the National Medical Commission and consumer protection authorities. The court sought to know whether any such complaint had been filed.

Appearing for the state, lawyers argued that although Banerjee was not directly involved in the alleged medical treatment, he had organised the Sebashray health camp without complying with the required legal procedures. The state claimed that permission was mandatory under the Clinical Establishments Act for providing such medical services.

It was also alleged that diagnostic services, including X-rays and ultrasonography, were provided at the camp without the necessary permissions.

The court, however, questioned the justification for custodial interrogation if Banerjee had not personally treated any patient or been directly involved in the alleged malpractice.

During the hearing, Justice Bhattacharyya reportedly remarked, “Enough is enough. No more.” The court observed that multiple cases had been registered against the same person over the past few months and warned that it may be compelled to issue stricter directions if the practice continued.

The judge also referred to the case involving Suvendu Adhikari, who was the Leader of the Opposition during the previous Trinamool Congress government. The court indicated that a similar order could be considered in Banerjee’s case, under which no fresh FIR could be registered against him without the court’s permission.

The first complaint against Banerjee over the Sebashray camps was filed at Bishnupur police station by BJP leader Abhijit Das, also known as Bobby. Subsequently, following a complaint by the family of a patient, an FIR was registered at Rabindranagar police station against Banerjee and several others.

Abhijit Das had previously contested elections against Banerjee twice and lost on both occasions. The court took note of this aspect while considering the circumstances surrounding the complaint.

However, lawyer Jayanta Narayan Chattopadhyay, appearing for the complainant, argued that the fact that his client had lost elections against Banerjee could not by itself be grounds to question the veracity of his complaint.

Banerjee was represented by senior advocates Gopal Shankaranarayanan and Ayan Bhattacharyya. During the hearing, the court was informed that Banerjee had travelled abroad on September 3 and, in accordance with a Supreme Court direction, would remain overseas for three weeks. He is expected to return on September 22.

The High Court said that after Banerjee’s return, the police could summon him for questioning if required, provided he was given at least 48 hours’ prior notice.

The court also directed that any documents relating to complaints allegedly filed by the patient or the family before the appropriate authorities regarding medical negligence be placed before it.

After hearing arguments from all sides, the Calcutta High Court granted Banerjee interim protection from arrest until November 30 and directed him to cooperate with the investigation.

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Hindusthan Samachar / Satya Prakash Singh