Top Court agrees to hear TMC MP Abhishek Banerjee, wife's plea against summons issued by ED for final disposal on August 23
ED had issued summons to the TMC leader and his wife in connection with the West Bengal Coal mining scam.
The Supreme Court today agreed to hear Trinamool Congress MP Abhishek Banerjee and his wife's plea against Delhi High Court's order refusing to quash summons issued to them by Enforcement Directorate, for final disposal on August 23.
Senior Advocate Kapil Sibal appearing on behalf of Banerjee requested Court to hear the matter on a later date.
Acceding to such request, a bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia, agreed to hear the matter in August.
In May, the top court had stayed the order of Delhi High Court's which refused to quash summons issued to Banerjee and his wife by ED.
Accordingly, the ED was asked to interrogate Banerjee in Kolkata as opposed to Delhi.
The Court has also recorded the “assurance” put out by the State of West Bengal that protection will be provided to the officers of ED and other parties. The bench remarked to the counsel for West Bengal that it will not tolerate if any kind of infraction, interference, obstruction or hooliganism takes place.
The court has further directed that no coercive action will be taken against the officials of ED by the West Bengal Police in case a complaint is filed against them by anyone.
While noting that Banerjee and his wife can be interrogated at Kolkata by giving a 24-hour notice, the bench also recorded that the notice should be given to the Police Commissioner and Chief Secretary of the State to ensure that adequate security is deployed.
SV Raju, Additional Solicitor General of India, appeared for ED and contended that if such an order is granted it would open a pandora's box and many persons who are being interrogated by the ED will approach the court seeking the same relief. The court on hearing his submissions added the words "in the peculiar facts of the case" before the order so that it is not used as a precedent.
All of the above transpired in the plea moved by the TMC MP and his wife challenging Delhi High Court's order refusing to quash summons issued to them by Enforcement Directorate.
On May 12, the ASG, appearing for ED, had expressed the authority's apprehension before the Supreme Court about interrogating All India Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee at Kolkata.
In September last year, Banerjee and his wife had moved the Delhi High Court against the summons order issued by the ED with respect to the alleged offences in connection with the West Bengal Coal mining scam.
Banerjee and his wife sought a direction to the ED for quashing and setting aside the summons dated September 10, 2021 issued by the ED and further direction not to summon them in case arising out of ECIR No. 17/HIU/2020 dated 28.11.2020 registered by the ED in pursuance of FIR no. No. RC0102020A0022 dated 27.11.2020 registered by CBI ACB, Kolkata.
Case Title: Abhishek Banerjee and Anr vs Enforcement Directorate