Supreme Court asks Calcutta HC to hear Abhishek Banerjee's plea against media trial

The Supreme Court has asked the Calcutta High Court to consider TMC MP Abhishek Banerjee's plea alleging that probe agencies leaked confidential investigation details to media houses, fuelling a continuing media trial. The high court will take up the matter after reopening on November 16, when Banerjee can also seek interim relief.

In Short

• Bench permitted him to seek interim relief after the festive break
• Counsel said three hearing requests had not secured any listing
• Chief Justice withdrew his initial observation questioning the matter's urgency

The Supreme Court on Tuesday asked the Calcutta High Court to consider Lok Sabha MP and Trinamool Congress leader Abhishek Banerjee's plea alleging that confidential details related to investigations against him were being leaked to media houses, leading to a continuing media trial.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana allowed Banerjee to seek a hearing when the high court reopens after its Durga Puja and Diwali break on November 16.

The CJI initially observed that there was no extreme urgency warranting a hearing before the vacation bench. However, after senior advocate Shoeb Alam, appearing for Banerjee, sought deletion of the observation, the CJI agreed.

Alam told the Supreme Court that the high court had taken up the matter only once, when Banerjee was told that the court did not have the roster to hear it.

"Since then, I have mentioned the matter three times before the high court, but the petition has not been taken up for hearing but there is continuing violation of my rights," Alam submitted, according to PTI.

He argued that the Supreme Court had held in several judgments that the presumption of innocence could not be taken away by media trials.

The bench noted that the Calcutta High Court would reopen on November 16 and said Banerjee was free to mention the matter for consideration of interim relief. It asked the high court to consider his plea after the break.

ABHISHEK BANERJEE ALLEGES LEAKS OF INVESTIGATION DETAILS TO MEDIA

Banerjee has sought an order restraining investigating agencies from sharing his personal information and confidential details related to investigations with media organisations. He alleged that selective leaks by the investigating officer were damaging his image and could influence the ongoing investigations against him.

The TMC MP, who is under investigation in multiple cases, alleged that probe agencies had leaked details of searches, questioning and other legal steps to a section of the media, resulting in several reports in newspapers.

He contended that such deliberate leaks by police officials violated his rights to dignity, reputation and a fair investigation under Article 21 of the Constitution. He also argued that the disclosures could damage his public image and influence the investigations against him.

Banerjee has also sought directions restraining media organisations from reporting or publishing news about him on matters that form part of the ongoing investigations.

The MP has alleged a continuing media trial in cases involving him, arguing that such coverage undermines the presumption of innocence. The Supreme Court has now asked the Calcutta High Court to consider his plea, including his request for interim relief, after it reopens.

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Inputs from Shambhavi Srivastava