The Calcutta High Court is slated to hear today petitions related to the Enforcement Directorate (ED)’s recent raids on the premises of political consultancy firm I-PAC and the residence of its co-founder, Pratik Jain.
Both the Enforcement Directorate (ED) and the All India Trinamool Congress (TMC) have filed separate petitions before the Court.
Justice Suvra Ghosh is scheduled to take up the matter at 2:30 PM.
The proceedings will be live-streamed via YouTube. The case was adjourned last week after a commotion in the courtroom, which had become overcrowded with lawyers.
The ED’s plea seeks a CBI probe against Chief Minister Mamata Banerjee for allegedly obstructing an ongoing money laundering investigation, as well as the return of documents and electronic material she is said to have taken from premises linked to I-PAC.
The TMC, on the other hand, has sought directions restraining the central agency from leaking any party-related information.
ED has stated that the searches were part of its investigation into a 2020 money-laundering case registered against businessman Anup Majee, who is accused of involvement in coal smuggling.
On the other hand, Trinamool Congress has alleged that the action against I-PAC was “a mere pretext of investigation” adopted to unlawfully gain access to the party’s campaign and political strategy ahead of the upcoming assembly elections in West Bengal.
Track this page for live updates from the hearing today.
Hearing starts
Justice Ghosh: I believe the prayers before Supreme Court by ED are almost identical.
Additional Solicitor General SV Raju appears for ED.
He submits the central agency has filed two petitions before the Supreme Court.
ASG Raju: We have made same prayers.
ASG Raju is not properly audible as many people have joined the VC hearing.
ASG Raju: Matter is likely to come up in Supreme Court. Let this matter be adjourned. Heavens are not going to fall.
ASG Raju: Main reason why we want adjournment, same relief is being sought before Supreme Court. Keep it after Supreme Court. There are judgments that when Supreme Court is seized, Court cannot hear.
Justice Ghosh: That is settled.
ASG Raju: Few more days [adjournment], nothing is going to happen.
Senior Advocate Kalyan Bandyopadhyay opposes adjournment request.
Senior Advocate Menaka Guruswamy appears for Trinamool Congress (TMC).
ASG Raju questions interim relief being sought by TMC.
Guruswamy and ASG Raju exchange words over who will argue first.
ASG Raju: Your lordships is not allowing my request?
Guruswamy: Why is State so worried? Extraordinary sign of bullying by ED.
ASG Raju: How can she argue. They are on caveat [before SC].
Guruswamy: We are not.
Guruswamy: We are not party before Supreme Court. There was search, our privacy may be maintained. We live in a constitutional democracy. We want our political data to be save. There is right to privacy. Political ideology is protected.
Guruswamy: We only request that our political data be protected and not released in media and not used in political fashion.
Guruswamy: Unlike Mr Raju, I don't bully courts. Let me be very clear.
Guruswamy: We are not party.
ASG Raju: How does she know.
Guruswamy: Case status, Mr. Raju.
Justice Ghosh: Let me hear Union of India.
ASG Raju interjects
Justice Ghosh: I request you not to intervene.
ASG Raju: I am representing Union of India. I am Additional Solictor General. I have not completed. Sorry State of affairs. Every second my mic is muted.
ASG Raju: Somebody is playing mischief.
Justice Ghosh: He [counsel in courtroom] is challenging maintainability, let me hear him.
A counsel appearing for a respondent in Trinamool Congress (TMC) case is challenging maintainability of the plea.
Counsel (for Union of India): ECI has to be made party in the case. Election is yet to be notified.
Counsel: This writ petition is basically in respect of SIR. ECI is to be made party.
Counsel: Search was conducted at somebody else's house. Writ petition can be filed by someone whose rights are infringed. What rights [of TMC] are infringed?
Counsel: Writ petition is based on election, election, election. It does not talk about infringement of right. If some data is seized at I-PAC office, how is it connected to petitioner.
Counsel (referring to I-PAC co-founder Pratik Jain): Somebody's data is seized from somebody's house, he should come forward. The respondent 4 should have filed petition.
Counsel is taking the Court through prayers in the petition filed by TMC.
ASG Raju: May I now supplement.
ASG Raju: The record if any seized was by Mamata Banerjee. She has taken possession illegally and committed offence. Unless she is made party by TMC, plea is not maintainable. No records seized by ED.
ASG Raju: The petition is filed by a stranger. Kindly look at who the petitioner is. How does he become acquainted. He was not there at search. Petitioner is All India Trinamool Congress, he is authorized signatory. Where is the authority?
ASG Raju: Was he present when so called material was seized? He says facts 'true to my knowledge', false statement on oath. He was nowhere in picture.
ASG Raju: I am showing he [TMC representative] has filed false affidavit.
ASG Raju: This very issue of scope and power of Section 17 [PMLA] is pending before Supreme Court in TASMAC case.
ASG Raju: Search has nothing to do with Trinamool Congress. The person [whose premise searched] has not approached Court.
Justice Ghosh: Don't read entire petition.
ASG Raju: How does he get knowledge, not a whisper.
ASG Raju (to the Court): Kindly read the judgment which is binding on you.
ASG Raju is citing a verdict which has findings relating to declaration of knowledge by a litigant.
Justice Ghosh: Petitioner was allowed to cure defect.
ASG Raju: I am not aware, happening behind my back.
ASG Raju is told court is referring to the judgment being cited by him, not the present case.
ASG Raju: I am sorry.
ASG Raju: Before entertaining any application, defect has to be cured. Defect cannot be cured here, it amounts to perjury. Petitioner is not concerned, not present at places of search. He has nothing to do with the premises.
ASG Raju: It is not his case that he was at place of search. Therefore petition is not maintainable. How can he make allegations. Person is unconnected.
ASG Raju: He could not have sworn to correctness of facts.
ASG Raju: If he has second hand information, he must disclose source. How does he know documents were seized.
Guruswamy: May I respond?
ASG Raju: I have not completed.
ASG Raju: As regards scope and power of ED, the issue is pending before SC.
Justice Ghosh: On maintainability only...
ASG Raju: Section 17 is being examined by SC.
Justice Ghosh: Please confine to maintainability.
ASG Raju: I am not addressing on merits.
ASG Raju: Kindly look at prayers.
Justice Ghosh: That is already pointed by your junior.
ASG Raju: I am adding.
ASG Raju: What was sensitive data seized? Nothing. Petition is to be rejected on ground of vice of vagueness.
ASG Raju: Power to seize comes from Section 17.
Justice Ghosh: Please don't make the arguments [on merits].
ASG Raju: Your lordships may record that you are preventing me.
ASG Raju: Power to search and seize flows from Section 17. Section 17 is being examined by SC.
Justice Ghosh: Please don't reiterate. We will be spending time for nothing.
Justice Ghosh: We are not dealing with Section 17 here.
ASG Raju: Powers flow from Section 17. It is being examined by SC. Kindly look at the prayers.
Justice Ghosh: I hope you have heard submissions. They have only asked for preservation of political documents.
ASG Raju: Please hear me why the prayer is not maintainable. I have not seized data, data is seized by Mamata Banerjee. Prayer should be against Mamata Banerjee. What data have be seized. I am making statement. We have not seized. Mamata Banerjee has.
ASG Raju: What will be preserve?
ASG Raju cites TASMAC case which is pending before Supreme Court, regarding ED's power to search and seize documents.
ASG Raju: Judicial propriety requires that TMC matter should also be adjourned.
Justice Ghosh: They are asking limited direction.
ASG Raju: I am submitting that all issues raised are live before Supreme Court.
Court indicates it will adjourn ED's plea on the central agency request.
ASG Raju: I pointed issues raised in second petition [by TMC] are pending before SC.
ASG Raju: If that is pending, this matter should also be adjourned.
ASG Raju: This is all that I have submitted on maintainability. I may be allowed to put everything on affidavit.
Guruswamy starts.
Guruswamy: Mr. Raju's statement may be recorded that nothing was seized.
Guruswamy: Please record that statement. Our petition was of limited nature, protecting the data.
Guruswamy: It is inappropriate to bully a political party when it believed that its data was housed by the political strategist.
Guruswamy: Authorization of the party member who has filed the plea is there.
Guruswamy: We want free and fair elections. We are not here on scope of [Section 17].
Guruswamy questions ASG Raju for referring to CM Banerjee by name
Guruswamy: Have decorum as law officer.
Guruswamy: Please record the statement of ASG Raju.
Another counsel for Union of India submits.
Justice Ghosh: I will not her so many counsel for UOI.
ASG Raju: On my statement that we have not seized, the petition by TMC may be withdrawn.
Guruswamy: We are not withdrawing. I said record statement and petition may be disposed of. Mr. Raju does not know difference, I am surprised.
Guruswamy: You are having momentary amnesia. I never said that.
ASG Raju: Ok, let it be disposed of.
ASG Raju: Nothing has been seized.
Guruswamy: Please record that statement.
ASG Raju: Nothing has been seized from the premises by ED and everything was taken away by Mamata Banerjee.
Justice Ghosh (quips about lengthy arguments): Clock has also stopped.
Order being dictated.
Court: The only prayer is for preservation of the political confidential data and protection of the same from being circulated to any entity by ED. The other prayers are not pressed. Ld counsel for respondents submits nothing whatsoever was seized from the two premises...
Court: Copies of panchnamas drawn up at alleged places of search and seizure demonstrate that nothing was seized from either of office of [I-PAC] or the Director [of I-PAC]. In view of the submissions, nothing remains. The application was disposed of.
ASG Raju: My statement may be recorded in full that Mamata Banerjee seized the documents.
Guruswamy: Very grateful.
ASG Raju: I am obliged for patient hearing.
Senior Advocate Kalyan Bandyopadhyay appears for Mamata Banerjee in plea filed by ED.
ASG Raju: In which matter?
Kalyan Bandyopadhyay: Don't interject.
Advocate General Kishor Dutta is also appearing.
Order (on ED plea): On the ground that the ED has filed SLP with prayers which are almost identical, the matter is adjourned. Liberty to mention after the matter before Supreme Court is disposed of.
ASG Raju: I am sorry I had to argue loudly because of audio disturbance.