ED v. Mamata Banerjee: Live Updates from Calcutta High Court

Clock has also stopped: Justice Ghosh quips about lengthy arguments

Nothing has been seized: ASG Raju

Please record that statement: Guruswamy

Nothing has been seized from the premises by ED and everything was taken away by Mamata Banerjee: ASG RajuClock has also stopped: Justice Ghosh quips about lengthy arguments

ASG Raju: Ok, let it be disposed of.

Guruswamy: You are having momentary amnesia. I never said that.

ASG Raju: On my statement that we have not seized, the petition by TMC may be withdrawn.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.

Another counsel for Union of India submits.

Justice Ghosh: I will not her so many counsel for UOI.

Guruswamy: Please record the statement of ASG Raju.

Guruswamy questions ASG Raju for referring to CM Banerjee by name

Guruswamy: Have decorum as law officer.

Guruswamy: We want free and fair elections. We are not here on scope of [Section 17].

Guruswamy: Authorization of the party member who has filed the plea is there.

Guruswamy: It is inappropriate to bully a political party when it believed that its data was housed by the political strategist.

Guruswamy: Please record that statement. Our petition was of limited nature, protecting the data.

Guruswamy starts.

Guruswamy: Mr. Raju's statement may be recorded that nothing was seized.

ASG Raju: This is all that I have submitted on maintainability. I may be allowed to put everything on affidavit.

ASG Raju: If that is pending, this matter should also be adjourned.

ASG Raju: I pointed issues raised in second petition [by TMC] are pending before SC.

Court indicates it will adjourn ED's plea on the central agency request.

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.

ASG Raju cites TASMAC case which is pending before Supreme Court, regarding ED's power to search and seize documents.

ASG Raju: What will be preserve?

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.

Justice Ghosh: I hope you have heard submissions. They have only asked for preservation of political documents.

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.

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.

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: What was sensitive data seized? Nothing. Petition is to be rejected on ground of vice of vagueness.

ASG Raju: Kindly look at prayers.

Justice Ghosh: That is already pointed by your junior.

ASG Raju: I am adding.

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: 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: He could not have sworn to correctness of facts.

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: 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.

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 is citing a verdict which has findings relating to declaration of knowledge by a litigant.

ASG Raju (to the Court): Kindly read the judgment which is binding on you.

Justice Ghosh: Don't read entire petition.

ASG Raju: How does he get knowledge, not a whisper.

ASG Raju: Search has nothing to do with Trinamool Congress. The person [whose premise searched] has not approached Court.

ASG Raju: This very issue of scope and power of Section 17 [PMLA] is pending before Supreme Court in TASMAC case.

ASG Raju: I am showing he [TMC representative] has filed false affidavit.

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: 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: 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: May I now supplement.

Counsel is taking the Court through prayers in the petition filed by TMC.

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: 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: 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: This writ petition is basically in respect of SIR. ECI is to be made party.

Counsel (for Union of India): ECI has to be made party in the case. Election is yet to be notified.

A counsel appearing for a respondent in Trinamool Congress (TMC) case is challenging maintainability of the plea.

ASG Raju: Somebody is playing mischief.

Justice Ghosh: He [counsel in courtroom] is challenging maintainability, let me hear him.

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.

Guruswamy: We are not party.

ASG Raju: How does she know.

Guruswamy: Case status, Mr. Raju.

Guruswamy: Unlike Mr Raju, I don't bully courts. Let me be very clear.

Guruswamy: We only request that our political data be protected and not released in media and not used in political fashion.

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 are not.

ASG Raju: How can she argue. They are on caveat [before SC].

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 questions interim relief being sought by TMC.

Senior Advocate Menaka Guruswamy appears for Trinamool Congress (TMC).

Senior Advocate Kalyan Bandyopadhyay opposes adjournment request.

Justice Ghosh: That is settled.

ASG Raju: Few more days [adjournment], nothing is going to happen.

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.

ASG Raju: Matter is likely to come up in Supreme Court. Let this matter be adjourned. Heavens are not going to fall.

ASG Raju is not properly audible as many people have joined the VC hearing.

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.

Justice Ghosh: I believe the prayers before Supreme Court by ED are almost identical.

Hearing starts