The Madhya Pradesh High Court on Wednesday vacated the interim stay on an arrest warrant issued against Trinamool Congress (TMC) leader and Member of Parliament Abhishek Banerjee, paving the way for the execution of the warrant issued by the Bhopal MP-MLA Court.

The case stems from an alleged defamatory remark made by Banerjee during an election rally in Kolkata in November 2020. According to the complaint, Banerjee referred to BJP leader Akash Vijayvargiya as a “goon” while addressing a public gathering. Claiming that the statement damaged his reputation, Vijayvargiya filed a defamation complaint before the MP-MLA Court in Bhopal in 2021.

Following the filing of the complaint, judicial proceedings began in the lower court. During the course of the trial, the court directed Banerjee to appear before it. However, after repeated instances of non-appearance, the MP-MLA Court issued an arrest warrant against the TMC leader.

Banerjee subsequently approached the Madhya Pradesh High Court challenging the warrant. In his petition, he argued that he is an elected Member of Parliament and posed no risk of absconding. He also contended that the trial court had not adequately considered his application seeking exemption from personal appearance.

Taking these submissions into account, the High Court had earlier granted interim protection and stayed the execution of the arrest warrant. However, during the latest hearing, the court noted that despite being provided sufficient opportunity, there was no effective representation on behalf of the petitioner.

As a result, the High Court withdrew the interim relief and lifted the stay order. With this development, the arrest warrant issued by the Bhopal MP-MLA Court has become enforceable once again.

Defamation Case Background

The dispute traces back to a political speech delivered during an election campaign in West Bengal. Akash Vijayvargiya, BJP leader and son of senior BJP leader and Madhya Pradesh minister Kailash Vijayvargiya, alleged that Banerjee’s remarks were defamatory and harmed his public image.

The complaint was filed under relevant provisions dealing with defamation, and the matter has been under judicial consideration for several years.

Legal Implications

Legal experts believe the High Court’s decision does not amount to a finding on the merits of the defamation allegations. Instead, it relates to procedural compliance and Banerjee’s failure to effectively pursue his challenge against the warrant.

With the stay now removed, authorities may proceed in accordance with the directions of the trial court. Banerjee retains the option of seeking further legal remedies before a higher judicial forum.