Trinamul all India general secretary Abhishek Banerjee got relief from the Supreme Court on Thursday when it asked the Enforcement Directorate (ED) to question him and his wife Rujira over alleged money laundering offences in Calcutta instead of Delhi.
The apex court assured the ED that it would direct Calcutta police to ensure safe passage of the central officials, and the couple to extend necessary cooperation in the investigation after the agency expressed apprehension of a repeat of the fracas involving the CBI and the Bengal government in February 2019 after it sought to question then police commissioner Rajeev Kumar.
“Once you make a requisition, let’s say some 72 hours in advance, the Calcutta police will extend your officers all cooperation. We will hold the state of West Bengal accountable for it,” a bench of Justices U.U. Lalit, Ravindra Bhat and Sudhanshu Dhulia told additional solicitor-general S.V. Raju during a hearing.
The bench gave the assurance after the ASG appearing for the agency pleaded that the ED officials were apprehensive of questioning the couple at Calcutta in view of the 2019 incident.
“Lordships are aware as to how the Central agencies were treated in Calcutta earlier… CBI officers at that time were gheraoed. The first petitioner (Abhishek) before this court is an influential politician,” Raju told the court.
“Whatever documents, whatever records, you need, every page will be made available to you and you can come down to Calcutta,” Justice Lalit said.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the couple, told the court that the ED was deliberately insisting on the duo being questioned in Delhi, although the agency has an office in Calcutta. However, Raju pointed out that even Banerjee has a residence in Delhi.
The bench, hearing both sides, wondered why the agency wants to examine the couple in the capital when it has territorial jurisdiction all over the country. The bench noted that the ED was not clear whether the duo have to be questioned as witnesses in the case or as the accused.
While posting the matter for further hearing to May 17, the court orally observed that the ED shall not resort to any coercive action against the couple. Raju assured the court that no coercive action would be taken against Banerjee and his wife.
Earlier during the arguments, Sibal said the couple sought to be examined as witnesses and the same could be done at Calcutta. He said the petitioners were willing to extend all cooperation to the ED.
In the special leave petition (SLP) before the top court, the couple have challenged the summons issued to them by the ED and the legality of insisting on examining them only in Delhi.
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