New Delhi: The Supreme Court on Monday dismissed a plea filed by Trinamool Congress leader Abhishek Banerjee—the nephew of West Bengal Chief Minister Mamata Banerjee—and his wife Rujira Banerjee challenging the ED summons in a money laundering case linked to the alleged coal scam.
After a thorough review, a bench of Justices, Bela M. Trivedi and S.C. Sharma, stated that they found no substance in the high-profile couple’s challenge to the summons issued to them under Section 50 of the Prevention of Money Laundering Act.
The apex court’s ruling was clear: “All the persons summoned are bound to attend in person or through authorised agents as the officer may direct and are bound to state the truth upon any subject respecting which they are examined or make statements, and to produce the documents as may be required.”
The Enforcement Directorate (ED), an Indian law enforcement and economic intelligence agency, summoned Banerjee and his wife to appear for questioning. The duo had challenged the ED’s summons, contending that since both are residents of West Bengal, the anti-money laundering agency should not call them to appear before it in the national capital.
In its judgment, the Supreme Court said that it did not find any “illegality in the summons issued by the ED summoning the appellants (Banerjee and his wife) to its office at Delhi”. This ruling implies that the Supreme Court upholds the authority of the ED to issue such summons, regardless of the residence of the individuals involved. The court also noted that the ED’s office in Delhi has territorial jurisdiction, as a part of the offence was allegedly committed by them, as stated in the prosecution complaint.
“It is also not disputed that Abhishek Banerjee, being a Member of Parliament, also has an official residence in Delhi,” noted the SC.
In his plea filed before the apex court, Abhishek Banerjee said, “The party to which the Petitioner No.1 (Abhishek) belonged comprehensively trounced the political party at power in the Centre, thereby giving justifiable cause to ‘target’ and ‘fix’ the Petitioner No.1, by misusing the Central Investigation Agencies.”
“It is not only against the basic principles of territorial jurisdiction but could also result in absurd consequences and situations wherein the officers of the respondent agency situated in any state in India can summon any person residing in any other state, without any regard to the place of occurrence of offence, or the place of residence of the summoned person,” his plea contended.
In July last year, the top court ordered the ED to withdraw the Look Out Circular (LoC) issued against Banerjee and his wife. A Look Out Circular is a notice issued by the ED to prevent an accused from leaving the country. The court added that the high-profile couple could travel abroad after informing the probe agency a week in advance.
The SC directed that the ED will issue “necessary orders” permitting the duo to travel overseas if they make a prior application.
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–IANS
