The Calcutta High Court has issued directives to the Enforcement Directorate (ED) regarding the ongoing investigation into the multi-tier recruitment scam in West Bengal. The court has mandated that before summoning MP Abhishek Banerjee, the ED must first review the documents he has submitted. If deemed necessary, the ED can then summon him, but only after providing a 48-hour notice.
A division bench, comprising Justices Soumen Sen and Uday Kumar, stated,
“The ED shall examine the material with it and in the event it is of the opinion that the presence of the applicant is necessary, shall issue summons for appearance of the applicant by giving him a notice of 48 hours in advance.”
The bench further emphasized,
“It is needless to mention that ED in taking such decision shall act fairly, impartially and shall not be swayed by any observations made by the single-judge.”
The court’s decision came after Banerjee’s counsel highlighted that the TMC leader often received ED summons whenever he planned to attend his political party’s rally. The counsel also raised concerns about the single-judge bench of Justice Amrita Sinha, suggesting that certain oral observations made by her against Banerjee could potentially prejudice his rights.
Addressing this, the bench remarked,
“We like to observe that the single-judge in proceeding with the matter shall keep in mind that in monitoring the probe, no adverse remark shall be made against any of the persons against whom the investigation is pending as it is likely to prejudice his rights in the event any proceeding is ultimately initiated upon conclusion of the investigation.”
Banerjee’s legal team further argued that the trial had taken on the nature of a media trial, with the court assuming a prosecutorial role by intervening in the investigation’s manner. They also expressed concerns about confidential material related to Banerjee’s assets being publicly disclosed during a live stream, which could be detrimental to him.
The court, however, emphasized the importance of a thorough investigation, stating,
“The magnitude of the scam is unfathomable. A fair investigation can only restore trust and faith in the system and it should be the endeavour of all to ensure that the culprits are brought to book and corrupts are punished.”
In conclusion, the court urged both parties to cooperate and set a deadline for the investigation to be completed by December 31, 2023. The bench asserted,
“The constitutional court cannot shut its eyes if there are glaring discrepancies or insufficiency of materials. The result of the investigation would be also relevant to decide the matters pending before the learned Single Judge. The investigating agency shall conduct the investigation in accordance with law.”
This ruling by the Calcutta High Court provides clarity on the procedure for summoning individuals in high-profile cases, ensuring that the investigation process remains transparent, fair, and impartial.
