ED Barred from Using Leaps and Bounds Files: Calcutta High Court’s Directive in TMC Leader Abhishek Banerjee’s Linked Company Case
In a significant development, the Calcutta High Court has directed the Enforcement Directorate (ED) not to use the 16 controversial Excel files, which were downloaded from a computer at the office of Leaps and Bounds, a company linked to Trinamool Congress (TMC) leader Abhishek Banerjee, as evidence in their investigation.
This decision came in the wake of an application filed by Banerjee before Justice Tirthankar Ghosh. Banerjee, who is the chief executive officer of Leaps & Bounds and previously served as its director, alleged that the ED had downloaded these files without the company’s consent during a raid last month. While Banerjee asserted that an ED officer had downloaded nearly 16 files from the company’s computer, the agency countered by stating that its officer had merely used the computer to check details of his child’s hostel due to personal anxiety.
Addressing the matter, Additional Solicitor General SV Raju, representing the central agency, assured the bench that the ED would not consider the 16 files in question as evidence. He further stated that the agency would provide certification of the same in a letter. The bench accepted this submission, with the order noting,
“Mr. SV Raju, learned ASG submits that the Enforcement Directorate would on a covering letter certify that these 16 downloaded files which have been downloaded and print out of which are being handed over to this court by the CFSL Authorities would not be used in any evidence in any criminal proceedings by the Enforcement Directorate or any other Agency.”
The court has also directed the Central Forensic Science Laboratory (CFSL) to submit a report on these 16 files. Furthermore, the two officials involved will have to appear before the probe agency on Tuesday, with the next hearing scheduled for September 13.
The backdrop of this controversy is the searches conducted by the ED in connection with the West Bengal teachers’ recruitment scam. An employee of Leaps and Bounds had raised concerns, claiming that the files were downloaded illegally.
The Calcutta High Court has also instructed the ED, Cyber Police, Kolkata, and the CFSL to coordinate their efforts. It was unequivocally observed that the 16 Excel files from Leaps and Bounds cannot be used as evidence by any investigating agency, including the ED. Amidst this, the ED’s counsel has leveled a charge of non-cooperation against the Kolkata Police in relation to the ongoing probe.