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A Supreme Court bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia today stayed the order of Delhi High Court's which refused to quash summons issued to Trinamool Congress MP Abhishek Banerjee and his wife by Enforcement Directorate. The effect of the interim order is that the Enforcement Directorate will now have to interrogate Banerjee in Kolkata as opposed to Delhi. 

The Court has also recorded the “assurance” put out by 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 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 by 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. 

Kapil Sibal, Sr. Adv, appearing for Banerjee while SV Raju, Additional Solicitor General of India, appeared for ED. Raju 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 the last date of hearing, 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 have had moved the Delhi High Court against the summons order issued by the Enforcement Directorate 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 of 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.

In a related case, last year, Justice Rajnish Bhatnagar of the Delhi High Court had stayed the operation of a notice served upon 3 officers of the Enforcement Directorate (ED) by the West Bengal Police on a First Information Report lodged at the instance of Trinamool Congress leader Abhishek Banerjee. 

The officers claimed in the petition that the FIR was lodged to harass them and halt the investigation in the West Bengal illegal coal mining case in which Banerjee and his wife have been issued summons by the ED.

Case Title: Abhishek Banerjee and Anr vs Enforcement Directorate