The ED has sought a direction to quash the two notices that may have been issued by TMC MP Abhishek Banerjee in the FIR and any subsequent notices.
The Delhi High Court on Tuesday said it will hear on September 21 the Enforcement Directorate’s challenge against the notices issued by West Bengal Police to its officers following an FIR by Trinamool Congress (TMC) MP Abhishek Banerjee. Coal theft scam.
Additional Solicitor General SV Raju, appearing for the ED, argued before Justice Yogesh Khanna that the notices are clearly illegal, malicious and a “counter blast” to the investigation in the case.
The ED has sought a direction to quash the two notices and any subsequent notices issued in the FIR, saying it was an abuse of process of law and to derail the investigation in the coal theft scam.
“Notices will not come under scrutiny even for a minute,” Mr. Raju told the judge, who deferred hearing on the petition. and 21 August.
“Once they are saying that there is no other notice, we can fix (petition for hearing) on Friday or Monday. Mr (Siddharth) Luthra (appearing for West Bengal) will take care of it,” the judge said after taking note of Mr Luthra’s plea.
“I don’t think there will be any problem. Mr. Raju, take it from me,” said Mr. Luthra, who also argued that the legal stand was against the ED.
The probe agency, in its plea, said that in exercise of his statutory powers under the Prevention of Money Laundering Act to put pressure on its officers probing an illegal coal mining case, Mr Banerjee, who is Chief Minister Mamata Banerjee’s nephew, had Registered FIR. in April.
The FIR was registered under various provisions of the Indian Penal Code for the alleged offenses of forgery of record, forgery with the intention of causing damage to reputation, defamation etc.
The petition, filed through Central Government Standing Counsel Amit Mahajan, said that the officers of the Enforcement Directorate (ED) by the Special Cell (GS) of DD, Kalighat Police Station, Kolkata, were asked to carry out their statutory functions at the headquarters in Delhi. Two notices were issued to .
“It is pertinent to mention that the investigation into illegal coal mining and the role of the complainant is being conducted by the Enforcement Directorate in exercise of its statutory powers under PMLA at its headquarters in New Delhi,” the petition said. .
“In order to put pressure on the petitioners/IOs probing the case related to illegal coal mining, Abhishek Banerjee has registered an FIR on 05.04.2021 against a news channel and issued notice to the IO investigating the matter under the same has gone. The said FIR relating to illegal coal mining by West Bengal Police has been registered with a malicious intent to derail the investigation under PMLA being carried out by the Enforcement Directorate.
The petition alleged that “West Bengal Police is acting at his (Mr Banerjee’s) behest to derail the investigation being carried out by the Enforcement Directorate” and that the purpose of registering the FIR and then issuing the notice was only ED has to bother. Officer.
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