Bank accounts freeze: Supreme Court denies relief to Mamata Banerjee-led TMC; asks HC to speed up hearing

The Supreme Court on Thursday declined to entertain Mamata Banerjee-led Trinamool Congress (TMC)'s plea challenging the freezing of its four bank accounts by West Bengal Police on a complaint made by a member of its rebel faction.

A bench of Justices MM Sundresh and PB Varale instead urged the Calcutta High Court to expedite the proceedings pending before it in relation to the bank accounts.

The Court noted that the Election Commission of India (ECI) has frozen the party symbol in an interim order and thus the larger issue about which TMC faction will be entitled to use the money lying in the accounts is pending

"We refrain from going into the merits. We are not inclined to exercise our jurisdiction under Article 136. We request High Court to expedite hearing," the Court said.

Earlier, the Enforcement Directorate (ED) had also frozen TMC’s three HDFC bank accounts in connection with a money-laundering probe.

On August 11, the Supreme Court declined to interfere with the Calcutta High Court’s interim arrangement permitting operation of those accounts for the party’s day-to-day expenses.

With regard to the three accounts involved in the present case, the Calcutta High Court had earlier denied relief to the TMC. This led to the filing of an appeal before the top court.

Senior Advocate Abhishek Manu Singhvi, representing TMC, argued that that police force of the State is freezing bank accounts because it is opposed to a party and wants to stop its political activities.

He said that the High Court order mixed up the earlier three accounts, which were ordered to be operated under the supervision of an administrator, with these four accounts.

"That was allowed for day-to-day expenses. 3 HDFC accounts which were frozen and de-frozen. Today’s accounts are 4 Indian bank accounts. The paralysis occurs because my audited accounts show day to day expenses. No political expenses. Every day a political party’s oxygen is paralysed. By elections are coming. Today by saying that they will hear us in course of time, I am paralysed," Singhvi said.

The Court remarked that it can ask the court-appointed administrator to deal with these accounts also. Singhvi agreed with the suggestion made by the Court.

He said that the TMC requires a minimum of ₹12.15 crores per month for sustaining its operations.

"AITC is the third largest party of the country. 12.15cr is over and above the day to day expenses. Not for by-elections, legal fees etc. you can’t run a political party in day-to-day expenses. The official recognised opposition officially supports the ruling party. May your lordships have an expedited hearing till the final hearing is worked out," he added.

Solicitor General Tushar Mehta highlighted the divide within the party and said the Court should allow the ECI to take a decision in this matter.

"A complaint was made and we came to know that a PA of their part of TMC had deposited ₹35 crores by way of cash into those accounts. He filed anticipatory bail, lost before HC and lost here. We are investigating that. The allegation is that in earlier govt he used to convert govt land to private land and sell them," he added.

Senior Advocate K Parameshwar, appearing for a complainant, said day-to-day expenses already stand permitted.

Singhvi responded that ECI proceedings do not involve the bank accounts but only the symbol.

"There are HDFC already under the commissioner. Today these are Indian bank accounts. Mr. Mehta talks of money laundering etc which is remotely not the subject matter of this case. This pejorative and prejudicial statement “huge cash” etc. the police gives no reasons," he added.

However, the Court was not convinced by the submission and declined to pass any order.