Supreme Court Stays Arrest Of Abhishek Banerjee's PA Sumit Roy In Salboni Land Scam Case

• The Supreme Court stayed the arrest of Sumit Roy, Personal Assistant to Abhishek Banerjee, in the alleged Salboni land scam case.
• The interim order mandates Roy's full cooperation with the investigation and requires him to appear before the agency without legal accompaniment.
• Roy had appealed to the Supreme Court after the Calcutta High Court rejected his anticipatory bail plea on August 3.
• The case involves allegations of government land fraud, including charges of cheating, forgery, and criminal conspiracy.
• The State argued for custodial interrogation, alleging that former Chief Minister Mamata Banerjee had previously obstructed arrest attempts.

The Court's directive for Roy to appear before investigators without legal counsel or any other person underscores a stringent condition often debated in matters of pre-arrest protection.

India's Supreme Court has issued an interim order staying the arrest of Sumit Roy, Personal Assistant to Trinamool Congress MP Abhishek Banerjee, in connection with the alleged Salboni government land fraud case. The directive, handed down on August 6, 2026, by a Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana, mandates Roy's full cooperation with the ongoing investigation.

Crucially, the Court stipulated that Roy must appear before the investigating agency without legal accompaniment or any other person. He is required to be available for questioning from 10:00 a.m. to 6:00 p.m., with usual breaks, while his arrest remains stayed. This significant ruling came as the apex court considered Roy's challenge to the Calcutta High Court's earlier refusal to grant him anticipatory bail.

The legal proceedings stem from a Salboni Police case registered under various provisions, including cheating, criminal breach of trust, forgery, use of forged documents, and criminal conspiracy. These charges relate to an alleged government land fraud where forged title deeds were reportedly used to transfer public land fraudulently, purportedly with the complicity of local political and influential individuals.

Prior to the Supreme Court's intervention, the Calcutta High Court, on August 3, had rejected Roy's plea for anticipatory bail. Justice Tirthankar Ghosh declined pre-arrest protection after reviewing the submissions from both parties. Roy's counsel had argued before the High Court that his client was not named in the initial First Information Report (FIR) and that his alleged involvement only emerged during the subsequent investigation. They further contended that Roy had no direct connection to the land transactions and was implicated solely due to his professional association with TMC General Secretary Abhishek Banerjee.

During the Supreme Court hearing, Senior Advocate Gopal Sankaranarayanan, representing Sumit Roy, reiterated that his client's alleged involvement lacked substantiation, with the prosecution's case relying solely on oral statements rather than banking transactions or electronic evidence. Sankaranarayanan also highlighted that Roy had previously secured anticipatory bail from the Calcutta High Court in a separate matter concerning an alleged cash-for-jobs scam. He further asserted that the FIR in the current Salboni land scam case was registered only after a new government assumed office, suggesting political motivation, and assured the Court of Roy's full cooperation.

Conversely, Solicitor General Tushar Mehta, appearing for the State of West Bengal, strongly opposed the plea for an Abhishek Banerjee PA arrest stay. Mehta contended that while the alleged offenses were committed several years ago, no action had been taken by the previous government. He argued that custodial interrogation of Roy was essential for the investigation. The Solicitor General also alleged that former Chief Minister Mamata Banerjee had previously obstructed law enforcement agencies' attempts to arrest the accused, seeking permission to submit relevant material via an affidavit. Senior Advocate Sankaranarayanan promptly objected to these remarks, describing them as 'political statements' made before the Court.

The India Supreme Court interim order in Sumit Roy v. State of West Bengal provides a significant precedent regarding anticipatory bail conditions India. The Court's directive for Roy to appear before investigators without legal counsel or any other person underscores a stringent condition often debated in matters of pre-arrest protection. This condition reflects the judiciary's balancing act between safeguarding an individual's liberty and ensuring the investigative agency's ability to conduct thorough inquiries.

This ruling, which stays the Sumit Roy arrest Salboni land scam, highlights the complexities involved when political figures or their associates face serious allegations. The Court's emphasis on cooperation, coupled with the specific restrictions on accompaniment during questioning, sets a clear framework for how such high-profile investigations are expected to proceed, even while granting interim relief from arrest.

This ruling provides a precedent for lawyers advising clients on the conditions for obtaining a stay of arrest from the Supreme Court, particularly regarding cooperation with investigation and the contentious requirement to appear without legal accompaniment. It highlights the Court's balancing act between an individual's liberty and the investigative agency's powers, which is crucial for strategizing pre-arrest legal protection.

Source: Original reporting based on court records.