The Supreme Court on Thursday asked the Enforcement Directorate (ED) to go to Kolkata and probe a money laundering probe related to an alleged coal scam in West Bengal in which the agency had issued summons to TMC MP Abhishek. Banerjee and his wife Rujira Banerjee.
As the ED mentioned how the CBI officers were cordoned off in Kolkata and said that Abhishek Banerjee is politically influential, the top court said it could say that the Kolkata Police would extend all cooperation and the state shall be bound to it, the moment the agency makes a demand 72 hours in advance.
A bench headed by Justice UU Lalit, was hearing an appeal by Abhishek Banerjee and his wife Rujira Banerjee, dismissing their plea against the Delhi High Court’s order, in which money linked to an alleged coal scam in West Bengal In the laundering investigation, there was a demand to cancel the summons issued to him. ,
Senior advocate Kapil Sibal, appearing for the petitioners, said that they are not stopping the investigation in the case and the ED can come to Kolkata and investigate.
Suppose if we say that whatever documents, whatever records you need, every page will be provided and you can come to Kolkata, the bench, also comprising Justices SR Bhat and Justices Sudhanshu Dhulia, asked the Additional Solicitor General (ASG). ) Told SV Raju who was representing the ED. Maillords knows I shouldn’t have said that, there are many instances where CBI officers were also gheraoed.”
On May 17 last year, Kolkata witnessed a high-voltage political drama as TMC supporters demonstrated at various places, while Chief Minister Mamata Banerjee protested the CBI’s arrest of two West Bengal ministers in the Narada case. was offered. Supporters of the TMC party raised slogans against the BJP-led NDA government and pelted stones and bricks at security personnel outside the Nizam Palace, which houses the CBI office, while protesting the arrest.
During the hearing on Thursday, Sibal said that the ED has a regional office in Kolkata. I (petitioner) am not stopping the investigation. I’m saying please come and check on me. It is not a matter of investigation, where is the matter. I’m saying please come and check on me. I will answer all your questions, you come to Kolkata. They say no, we will not come, you come to Delhi. That is the question, Sibal said.
The bench told the ASG that it would say that the state of West Bengal would give them a police force on the request of the ED. Very cool, we will give you such discount. But, you can go ahead, and check the entire record to see where it is. We will say that the state of West Bengal, on your request, will police you, it said.
When Raju said that the ED has territorial jurisdiction and the case has been registered in Delhi, the bench said, “If you have territorial jurisdiction over the entire country, you can go to Kolkata and investigate. The court said that it is not saying at this stage that the authorities in Delhi are powerless or have less jurisdiction. So, for a smoother route, if we say you are there, the officials can travel to Kolkata anytime. Therefore, we will say that the moment you demand, 72 hours before, Kolkata Police will extend all cooperation and we will force the state of West Bengal to do the same, it said.
It said that the ED is not saying at this stage whether these persons are accused or potential accused. Raju urged the bench to put up the matter for tomorrow.
He said whether he is a potential accused, what material has been collected against him so far, whether he is a witness or not, if he is a potential accused then section 160 (of CrPC) will not apply. Section 160 of the Criminal Procedure Code (CrPC) deals with the power of police officers to require the presence of witnesses. We are not passing any orders, but whatever the situation is today, it will continue, the bench said, posting the matter for May 17.
Raju said there would be no preparatory action. Banerjee and his wife, in their petition, have sought an interim unilateral stay on the March 11 order of the Delhi High Court.
The plea has sought a direction to the ED to conduct her probe in Kolkata and exempt Rujira Banerjee from personal appearance and allow her to appear in the trial court through her lawyer. The High Court had refused to grant relief to Mamata Banerjee’s nephew Abhishek Banerjee and his wife, who had challenged the summons issued to them on September 10, 2021, and sought a direction to the ED to send them to Delhi. Do not invite to appear. Resident of West Bengal.
It also dismissed Ruzeera’s other plea challenging the ED’s complaint against him in a money laundering case, the trial court’s order taking cognizance of that complaint and subsequently issuing summons for physical appearance. Was. The 34-year-old MP represents the Diamond Harbor seat in the Lok Sabha and is the national general secretary of the Trinamool Congress (TMC).
The ED registered the case on the basis of a November 2020 FIR registered by the CBI under the provisions of PMLA, alleging coal theft of crores of rupees related to the mines of Eastern Coalfields Limited in Kunustoria and Kajora areas of the state in and around Asansol. . Local coal operator Anoop Manjhi alias Lala is said to be the prime suspect in this case.
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