Supreme Court extends interim protection to TMC leader Abhishek Banerjee; ED to question him in Kolkata

The Supreme Court on Tuesday extended the interim protection from coercive action it had granted to Trinamool Congress (TMC) leader and Lok Sabha Member Abhishek Banerjee against summons issued by the Enforcement Directorate (ED) in connection with a money-laundering case. (Abhishek Banerjee v. Directorate of Enforcement) .A Bench of Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia ordered that the MP and his wife shall be interrogated at the ED's Kolkata office. Justice Lalit told counsel appearing for the State of West Bengal,"We will issue notice and grant interim protection. Interrogate them at their place with 24 hours notice. [The] Onus [is] on [the] State to provide security and prevent hooliganism."The top court, however, said that the relief was only for 'the peculiar facts' of the present case..The Court was hearing an appeal against a Delhi High Court order which had in March dismissed Banerjee's plea challenging the summons issued to him in relation to a probe into an alleged coal scam in West Bengal.The ED had issued summons to Banerjee and his wife on September 10, 2021 seeking their personal appearance in Delhi along with ‘voluminous documents’ in connection with the alleged scam. It was alleged that the present case involves money laundering to the tune of ₹1,300 crore.In their petition, the couple had argued that the news of summons being issued was put in the public domain even before they were served, which proved the ED’s mala-fide intentions. They said that since they are residents of Kolkata, they can only be examined by ED officers as per Section 50 of PMLA..During today's hearing, Additional Solicitor General SV Raju said that there were several concerns still, with the ED's officers allegedly being hounded.Justice Lalit asked with respect to the Prevention of Money Laundering Act (PMLA), and given that here the summons were issued in absence of evidence,"...but when the man is not strictly an accused can you urge him to appear in office? Can't a midway be found?"After a discussion, the Bench noted that the plight of Banerjee's wife's in the matter was similar to that of Nalini Chidambaram, and accordingly similar relief would be provided in this case. A Bench led by Justice Lalit had in September 2018 extended interim protection from coercive action by the ED to the Senior Advocate and former Union Minister P Chidambaram."At the same time, we can't make such an inroad that allows every accused to demand interrogation at their [city of] residence," Justice Lalit remarked..After the order for interim protection was pronounced, Solicitor General Tushar Mehta said that the same should not be extended to all who allege suppression of evidence in such cases."We'll issue notice and list it with Nalini Chidambaram after vacations, in July," the Bench said, noting that it would be guided by the pending three-judge Bench ruling on the challenges to the PMLA. "Issue notice returnable on 19th July 2022. Notice accepted on behalf of ED, records relied on to be place on record. Rejoinder if any to be filed after 2 weeks thereafter. Since issues raised pending consideration before this court in another SLP in Nalini Chidambaram, we direct the Registry to place papers before the Chief Justice so both matters can be listed before same Bench," the order stated..It will be open to the ED to require attendance of the Banerjees at its Kolkata office by giving 24 hours notice, the order mentioned."Simultaneously, notice shall also be issued to Commissioner of Police of the city and the State Chief Secretary so that adequate security is given," the Court added. The ED was given liberty to approach the apex court's vacation benches if any coercive action is reported against its officials in relation to the matter..After hearing Senior Advocate Dr Abhishek Manu Singhvi, appearing for Banerjee's wife, the Bench in its order added that pending consideration by the top court, there shall be an ad-interim stay on the effect and operation of the High Court's orders against her..The Delhi High Court had held that the authorities under the PMLA are not restricted as per the territorial caskets envisaged under the Code of Criminal Procedure (CrPC) and would naturally exercise jurisdiction depending upon the exigencies of a special investigation. It had earlier stayed the Kolkata Police's notices to ED officers.The top court had in the last hearing of the matter said that no coercive action can be taken against the Banerjees in the interim, even as the ASG submitted that they were apprehensive about interrogating Banerjee in Kolkata, given his influential status..[West Bengal coal scam] Delhi High Court dismisses TMC MP Abhishek Banerjee, wife's plea challenging ED summons.[Follow our coverage of today's hearing]