Supreme Court Today Granted TMC MP Abhishek Banerjee’s Request to Postpone ED Summons Until After General Elections. Hearing on Banerjee’s Challenge to ED’s Summons Set for July 10.
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NEW DELHI: The Supreme Court, Today (March 20th), acceded to a request made by Trinamool Congress (TMC) Member of Parliament (MP) Abhishek Banerjee, urging that he not be compelled to appear before the Enforcement Directorate (ED) regarding an ongoing money laundering case until the conclusion of the general elections scheduled between April and June.
A bench comprising justices Bela M Trivedi and Pankaj Mithal, while addressing the matter, set July 10 as the date to deliberate on Banerjee’s petition. In this petition, the TMC leader has contested the summons issued by the ED, summoning him for questioning in Delhi.
“The counsel for the petitioner asserts that the petitioner holds the position of an MP and is currently engaged in contesting the forthcoming general elections. Thus, it is requested that the proceedings be deferred until July,”
-stated the court.
The court duly considered the arguments put forth by senior counsel Kapil Sibal, representing Banerjee, highlighting that the MP has not been summoned by the ED since September 2021. Consequently, Sibal urged the court to direct the federal agency to refrain from pursuing any further action until the conclusion of the upcoming Lok Sabha polls.
“Given that he currently serves as a sitting MP and is slated to contest the upcoming election from Diamond Harbour, scheduled for June 1, it would be prudent to ensure that ED does not summon him amidst the electoral process,”
-Sibal emphasized.
During the proceedings, the bench raised a query to the agency, represented by additional solicitor-general SV Raju, regarding the willingness of the Enforcement Directorate (ED) to accommodate Banerjee’s request. The bench remarked-
“If you have not called him for such a long time, let him not be called for a couple of months more…he is also contesting the elections,”
-addressing Raju.
Initially, Raju expressed his intention to seek instructions from the competent authority before responding. However, he later concurred and assured the court that the ED would refrain from summoning Banerjee until the next scheduled hearing. Nonetheless, Raju clarified that the same concession would not extend to the MP’s wife, Rujira, who has also approached the court challenging the ED’s summons.
Furthermore, the court decided to postpone the hearing of a petition filed by Nalini Chidambaram, wife of former Union minister P Chidambaram, pertaining to a case linked to the Saradha chit fund scam, to July 10. Both Banerjee and Chidambaram have lodged petitions questioning the ED’s authority to summon individuals residing outside their usual place of residence.
Banerjee and Rujira lodged their appeal in March 2022 against a Delhi High Court order earlier that year, which dismissed their petition contesting the ED summons. The couple contested the summons issued by the ED on September 10, 2021, asserting that they should not be compelled to appear in New Delhi but rather in their hometown or place of domicile in Kolkata.
The summons pertained to a case involving alleged illegal coal mining uncovered in 2020 following a complaint from the government-owned Eastern Coalfields Limited. Both the Central Bureau of Investigation (CBI) and the ED are investigating the matter.
In their petition, Banerjee and Rujira raised a legal query concerning whether the ED can assert a “pan-India jurisdiction” to summon individuals to any location of its choosing, which they argue undermines fundamental rights, principles of fair play, expeditious investigation, and provisions outlined in the Code of Criminal Procedure and the Prevention of Money Laundering Act.
The Supreme Court’s decision to grant Banerjee’s plea underscores the significance of electoral procedures and the need to ensure a level playing field for political candidates during such crucial periods. With the court scheduling a hearing on July 10 to address Banerjee’s concerns, the case is poised to attract further attention in the ensuing weeks.
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