Delhi High Court: Shock to Abhishek Banerjee and his wife, dismisses plea challenging ED summons

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Trinamool Congress (TMC) MP Abhishek Banerjee and his wife Rujira have received a major setback from the Delhi High Court. The Delhi High Court on Friday dismissed the petitions filed by Abhishek Banerjee and Rujira against summons issued by the Enforcement Directorate (ED) to appear in Delhi in a money laundering probe related to the alleged coal scam in West Bengal.

Justice Rajnish Bhatnagar dismissed the petition challenging the complaint filed by the ED against him and the order of the trial court taking cognizance of it. The petition also challenged the issue of summons against the petitioner for physical appearance.

Justice Rajnish Bhatnagar, in his judgment, held that Section 48 of the Prevention of Money Laundering Act (PMLA) does not restrict the investigating agency regionally in a Code of Criminal Procedure (CrPC) case. The Court observed that the CrPC clearly points out the territorial limits imposed on police officers with reference to the exercise of their jurisdiction and such jurisdiction appears to be limited to their respective local areas (barring certain situations) which are within their respective jurisdictions. Come under police stations.

The court further observed that it is clear that the legislature has created a separate mechanism to deal with a particular type of offense and despite being aware of the territorial limits in the CrPC, the legislature has opted not to include those limits in the PMLA. . In fact, the CBI had registered an FIR in connection with the alleged offenses of illegal mining and theft of coal from the leasehold areas of Eastern Coalfields Limited in West Bengal committed by some persons.

Under this, the ED had registered an ECIR in the Head Investigative Unit located in New Delhi. After which Abhishek Banerjee and his wife, who live in Kolkata, were directed to appear before the ED for questioning in Delhi. After which he had moved the Delhi High Court challenging the summons of the ED and said that it can be investigated only by the local office concerned in Kolkata. The petition said that both Banerjee and his wife are neither named in the CBI FIR nor in the ED complaint.

The Delhi High Court had earlier reserved the order after hearing arguments by Solicitor General Tushar Mehta, appearing for the ED and senior advocate Kapil Sibal for the petitioners. The petitioners had raised serious questions about the impartiality of the investigation being conducted by the ED. He had said that this action is being taken only to harass them while giving undue advantage and protection to its main accused and in return they are being asked to make false, baseless and malicious statements about us.