Trinamool Congress MP and party national general secretary Abhishek Banerjee has approached the Calcutta High Court challenging the freezing of his personal bank account, alleging that the action was taken without following the required legal procedure.
The petition was filed on Monday, August 17, after Banerjee’s legal team sought an urgent hearing before Justice Krishna Rao. The development comes just days before the Diamond Harbour MP is scheduled to travel abroad for medical treatment. The Supreme Court has already permitted him to travel overseas for three weeks, subject to certain conditions.
Banerjee’s lawyers have argued that the sudden restriction on his personal bank account has created difficulties ahead of his planned medical trip. They have also questioned the legal basis for the action and alleged that the bank did not provide a clear explanation for freezing the account.
Banerjee’s lawyer challenges bank’s action
During the hearing, Banerjee’s lawyer Ayan Bhattacharya told the Calcutta High Court that a private bank had frozen the politician’s personal account without following the appropriate procedure.
According to the lawyer, the account was placed under debit restrictions shortly before Banerjee’s proposed overseas visit. The legal team claimed that the bank did not adequately inform Banerjee about the reason behind the action.
The lawyer also questioned whether the statutory procedure required for freezing a bank account had been followed. He specifically referred to provisions under the Bharatiya Nagarik Suraksha Sanhita and argued that authorities seeking to freeze an account in connection with a police investigation must follow the prescribed legal process.
The petition therefore raises questions not only about the restriction placed on Banerjee’s account but also about the authority and procedure under which such an action was taken.
High Court schedules hearing for Wednesday
Justice Krishna Rao allowed Banerjee’s legal team to formally pursue the matter and directed that notice be served on the concerned parties.
The court is scheduled to hear the case again on Wednesday, August 19.
The upcoming hearing is expected to examine the circumstances surrounding the account freeze and the justification for the action. The court may also consider whether the required procedural safeguards were followed before the restriction was imposed.
At this stage, the allegations made by Banerjee’s legal team are submissions before the court. The concerned bank and other parties will have an opportunity to present their position during the proceedings.
Lawyer says Banerjee is cooperating with investigations
During Monday’s hearing, Justice Rao also asked whether any investigation was currently pending against Banerjee.
His lawyer acknowledged that investigations involving the TMC leader are ongoing but maintained that Banerjee has been cooperating with the authorities in accordance with directions issued by the courts.
The lawyer further pointed out that Banerjee has received protection from coercive action in certain ongoing cases and has been complying with the conditions imposed by the court.
Banerjee’s legal team argued that the freezing of his bank account should not be viewed as a consequence of any alleged failure to cooperate with investigators.
The issue could become an important part of the proceedings as the court examines whether the account restriction was connected to any investigation and, if so, whether the authorities acted within the limits of the law.
Account freeze comes ahead of medical treatment abroad
The timing of the bank account freeze has become a central aspect of Banerjee’s plea.
The TMC leader is scheduled to travel abroad for medical treatment, including treatment related to an eye condition. The Supreme Court recently permitted him to travel overseas for three weeks after he challenged restrictions that had previously prevented him from leaving the country.
While allowing the trip, the Supreme Court made it clear that Banerjee would have to comply with conditions designed to ensure his availability to investigating authorities.
The court also emphasised the individual’s right to travel abroad and seek medical treatment of their choice. Banerjee’s legal team has now highlighted this permission while seeking relief from the High Court over the bank account restriction.
His lawyers have argued that the freezing of the account has come at an inconvenient time and could create difficulties as he prepares for his medical visit abroad.
Separate from TMC’s bank account dispute
The latest case involving Banerjee’s personal bank account should not be confused with a separate legal dispute involving bank accounts belonging to the Trinamool Congress.
The party is already involved in proceedings concerning the freezing of three of its bank accounts in connection with an investigation. That matter is separate from Banerjee’s latest petition.
The distinction is important because Monday’s petition concerns Banerjee’s personal bank account, rather than accounts held by the political party.
The two matters also involve different circumstances and legal questions. Banerjee’s latest challenge focuses primarily on the procedure followed in freezing his personal account and the reasons for imposing the restriction.
Legal procedure at centre of dispute
The central issue before the Calcutta High Court is likely to be whether the account was frozen in accordance with the applicable legal provisions.
Banerjee’s legal team has argued that if an account is being restricted as part of police action or an investigation, the authorities must comply with the relevant procedural requirements. The lawyer has alleged that these requirements were not followed in the present case.
The court will have to consider the submissions made by Banerjee’s side alongside the response from the bank and other concerned authorities.
The proceedings could also provide clarity on the circumstances under which an individual’s personal bank account can be frozen during an investigation and what safeguards must be followed before such a restriction is imposed.
Political and legal significance
The development comes at a time when Banerjee is facing multiple legal proceedings while continuing to play a prominent role in West Bengal politics.
As one of the senior leaders of the Trinamool Congress and the party’s Diamond Harbour MP, Banerjee has been involved in several legal disputes in recent months. His latest challenge adds another layer to the ongoing legal developments surrounding him.
However, the present petition is specifically concerned with the alleged freezing of his personal bank account. The court’s examination of the case will determine whether the action was legally justified and whether the required procedure was followed.
What happens next
The Calcutta High Court is expected to hear the matter on August 19. The concerned parties will have an opportunity to respond to Banerjee’s allegations and explain the circumstances surrounding the account restriction.
For Banerjee, the timing of the proceedings is significant because his overseas medical trip is approaching. The outcome of the petition could determine whether the restriction on his personal account continues or whether the court grants him relief.
Until the court examines the matter and passes an order, the allegations regarding the legality of the account freeze remain contested. The next hearing is therefore likely to provide greater clarity on the legal basis of the action and the arguments raised by both sides.
