the Calcutta High Court permitted limited operation of three frozen HDFC Bank accounts of the All India Trinamool Congress (AITC) while directing preservation of evidence in a cyber crime case filed by a rival faction post-2026 West Bengal Assembly elections.
Background
Respondent No. 4 (a member of a post-election AITC faction) lodged a complaint on 18 June 2026 alleging that three AITC accounts (50200059108322, 50200063079047, and 50200063079034) held proceeds of crime. An FIR was registered the same day under Bharatiya Nyaya Sanhita and IT Act provisions. The accounts were debit-frozen on 19 June 2026.
Petitioners (AITC and another) challenged the freezing, arguing it was politically motivated to cripple the party, especially given the narrow 5% vote margin with BJP in the May 2026 elections. They highlighted Respondent No. 4’s prior use of the accounts for election expenses.
High Court’s Interim Order (Justice Saugata Bhattacharyya)
- No Prima Facie Specific Allegations: The complaint was found omnibus, lacking concrete details of transactions.
- Special Officer Appointed: Mr. Subrata Talukdar, former Judge, appointed till 30 September 2026 (honorarium ₹1.25 lakh/month payable by AITC).
- Limited Operation Allowed:
- Any two authorized signatories may present cheques for countersignature by the Special Officer.
- Permitted for day-to-day/monthly political party expenses (as detailed in supplementary affidavit).
- Legal expenses up to 30 September 2026.
- No other major/minor expenditures.
- Evidence Preservation: Bank directed to preserve records and cooperate with investigation.
- No Comment on Factional Dispute: Issue of faction recognition left to Election Commission of India (ECI); order not to prejudice ECI proceedings.
- Police Report: Directed for next hearing on progress of investigation (Bidhannagar Cyber Crime P.S. Case No. 94 of 2026).
Matter listed for further hearing on 21 September 2026.
Key Takeaways
- Freezing of political party accounts requires careful scrutiny; blanket actions risk violating Article 300A and democratic functioning.
- Courts can appoint neutral officers for supervised operations to balance investigation needs with operational necessities.
- Post-election factional disputes in political parties often intersect with financial and criminal probes — ECI remains the primary forum for recognition.
- Interim relief in writ jurisdiction emphasizes balance of convenience and prevention of irreparable harm.
Case Details
Case Name: All India Trinamool Congress & Anr. v. State of West Bengal & Ors.
Citation: WPA 14081 of 2026
Court: High Court at Calcutta (Constitutional Writ Jurisdiction, Appellate Side)
Coram: Hon’ble Justice Saugata Bhattacharyya
Date of Order: 09 July 2026
Click HERE for full Judgment.
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