New Delhi, July 28 The Supreme Court on Friday ordered the ED to withdraw the Look-Out Circular (LOC) issued against Trinamool Congress leader Abhishek Banerjee and his wife, who are facing probe by the central agency in an alleged coal case in West Bengal.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that the couple can travel abroad after informing the probe agency a week in advance.
The court directed that the Enforcement Directorate (ED) will issue "necessary orders" permitting the couple to travel overseas if a prior application is made by them.
"If petitioner informs one week in advance, necessary orders will be issued. In any case, the LOC shall stand withdrawn," said the bench in its order.
During the hearing, Additional Solicitor General S.V. Raju, representing the ED, told the top court that he has submitted a list containing the duo's earlier foreign travel details and argued that permission to travel has been granted from time to time.
However, the bench said: "In criminal cases, prosecution has to prove case beyond reasonable doubt... you recall the LOC."
Rujira Narula Banerjee, wife of Abhishek Banerjee, had approached the Supreme Court, accusing the ED of deliberately and unnecessarily creating hurdles in her overseas visit. The plea argued that despite the money laundering investigation in the alleged coal case in West Bengal had been going for quite some time, never before the central agency had objected to their overseas trip.
However, on June 5, she was allegedly stopped by the Immigration Department at the Netaji Subhas Chandra Bose International Airport in Kolkata before boarding a Dubai- bound flight. She was informed by the immigration officials that she was stopped following a “Look Out notice” issued against her by the ED.
On the same day, she was served a notice by the ED to appear at the central agency’s office for questioning in connection with the alleged coal case in West Bengal.
At that point, the Trinamool Congress leadership had described the event of her being stopped at the airport as an action motivated by political vendetta on part of the Union government and the BJP.
"The Supreme Court has not imposed any restrictions on her foreign tours. The apex court only asked her to inform the ED once before going out of the country. And she had informed the ED well in advance about her scheduled tour. The ED officials at that point of time only could have asked her not to travel abroad. But instead of doing that, she was stopped from boarding the flight this morning and also issued the notice on the same day. This is an inhuman act," Chief Minister Mamta Banerjee had said then.
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