The Supreme Court on Friday recorded an undertaking of the Enforcement Directorate (ED) that the look-out-circulars (LoCs) issued against Trinamul Congress MP Abhishek Banerjee and his wife Rujira had been withdrawn and the couple were free to travel abroad anytime after informing the agency one week in advance.

A division bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia recorded the assurance of additional solicitor general S.V. Raju who appeared for the ED.

While informing the court that the LoCs had been withdrawn, Raju, however, said the couple needed to inform the agency one week in advance about foreign travel.

“…Additional Solicitor General Sri S.V. Raju states that permission has been granted for applicants to travel from time to time. Learned senior counsel Sri Kapil Sibal submits that despite intimation granted in advance the applicants have been stopped at the airport.

The ASG in his usual fairness states that if the applicant informs one week in advance necessary orders will be issued. In any case, the look out notice stands withdrawn,” the bench said in an order.

During the argument, Raju had submitted that certain restrictions were imposed on the applicants as they were powerful people and their presence was required for investigation.

Justice Kaul, who headed the bench, replied that the ED was “more powerful” but the pendency of the LoCs created problems as a person could be stopped at the airport at any time creating trouble for all.

Senior advocate Kapil Sibal appeared for Abhishek.

“The pendency of the LoC creates a scenario that somebody is somewhere stopped. It is not done. Your time (agency) is wasted and my time is wasted,” Justice Kaul said.

When Raju argued that the charges against the couple were serious, the bench reminded him that “in criminal cases, the prosecution has to prove its burden beyond all reasonable doubts”.

The court was dealing with a batch of petitions filed by Abhishek, Nalini Chidambaram, wife of former Union minister P. Chidambaram, and others challenging the summonses issued by the ED. They said the summonses were unconstitutional.

Abhishek and his wife Rujira had said the LoCs and the act of authorities stopping them at the airport were the infringement of their fundamental right to life and liberty under Article 21.

The bench, however, confined itself to the LoCs and would deal with issues relating to alleged money laundering and the validity of summonses after six weeks.