Delhi HC reserves order on the plea moved by TMC MP Abhishek Banerjee challenging ED summons

The Delhi High Court on Friday reserved order on the petition moved by TMC MP Abhishek Banerjee and his wife against the summons issued to them to appear in the national capital in a money-laundering investigation linked to an alleged coal scam in West Bengal.

Justice Rajnish Bhatnagar after hearing the submissions by Solicitor General Tushar Mehta for Enforcement Directorate (ED) and Senior Advocate Kapil Sibal for the petitioners said, ''We shall conclude this case today. I am reserving this judgement."

Rujira Banerjee's petition challenging the ED complaint filed in the case, the trial court order taking cognizance of that complaint and the subsequent issuance of summons for physical appearance will be heard on February 11, the bench said.

According to the plea, the ED had on September 10, issued fresh summons to Abhishek Banerjee under Section 50 of the Prevention of Money Laundering Act, 2002 requiring the personal appearance of him along with a voluminous set of documents on September 21, 2021, in New Delhi.

The petitioners alleged that they have serious apprehensions about the fairness of the investigation being conducted by the ED owing to the fact that the respondent is adopting a pick and choose attitude with respect to certain persons and is giving undue benefit and protection to complicit individuals and in return extracting false, baseless and malicious statements from them.

SG Mehta argued that the jurisdiction of ED probe was "not confined to one area, police station or State" as the offences under the Prevention of Money Laundering Act (PMLA) often have "cross border implications".

"The concept of local jurisdiction, concept of police station, officer in charge of police station is avoided by the legislature while enacting PMLA. It is clear from section 71," he said.

"This is a very peculiar type of offence in which money was transferred to Delhi and thereafter to Bangkok. The subject matter of the crime has also travelled to Delhi. It can't be now said that I can't be called to Delhi," SG Mehta stated.

Senior Advocate Sibal earlier told the Delhi High Court that there is an embargo regarding to petitioner's wife. she has to be interrogated at her residence, Sibal said adding that a woman, a disabled person, a child should be investigated only where they reside and they can't be called to Delhi.

Enforcement Directorate, earlier told the Delhi HC that there is difference between probe in offences dealing with provisions of PMLA & IPC and in IPC offences, there are police stations that have jurisdiction, however, in PMLA there is no such territorial jurisdiction.

Petitioner Abhishek Banerjee along with his wife Rujira Banerjee sought the issuance of direction to the Enforcement Directorate (ED) to not summon them in New Delhi and carry out any further examination in Kolkata, West Bengal.

The petition stated that the petitioner Abhishek Banerjee, is a politician hailing from the state of West Bengal and is presently serving as a Member of Parliament in the Lok Sabha, having been elected from the Diamond Harbour, South 24 Parganas constituency in West Bengal and hence is a respected individual and a prominent member of the Indian polity and society. He has two minor children under her care, said the plea.

In this particular alleged illegal coal mining case, in the state of West Bengal, the CBI had already interrogated Abhishek Banerjee.

( With inputs from ANI )

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