Supreme Court Reserves Order on Abhishek Banerjee’s Plea Against ED Summons, Upholds Interim Relief

On Tuesday(August 13th), the Supreme Court reserved its order on a plea by Abhishek Banerjee and his wife, challenging ED summons in an alleged money laundering case linked to irregularities in West Bengal school recruitments.

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Supreme Court Reserves Order on Abhishek Banerjee’s Plea Against ED Summons, Upholds Interim Relief

NEW DELHI: On Tuesday(August 13th), the Supreme Court reserved its judgment on a plea filed by Trinamool Congress (TMC) leader Abhishek Banerjee and his wife, Rujira Banerjee. The couple is challenging the summons issued by the Enforcement Directorate (ED) in connection with an alleged money laundering case. The case involves accusations of irregularities in the recruitment of teaching and non-teaching staff in government schools in West Bengal.

The bench, comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma, reserved the order after hearing extensive arguments presented by senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Zoheb Hossain. The senior advocates represented Abhishek Banerjee, Rujira Banerjee, and the Enforcement Directorate (ED), respectively.

During the proceedings, Senior Advocate Kapil Sibal raised significant concerns about the Enforcement Directorate’s handling of the case. He particularly focused on the repeated summonses issued to Abhishek Banerjee at his Kolkata residence, even though he now resides in Delhi. Sibal presented a comprehensive chart to the court, detailing each instance where summonses were sent to Banerjee’s Kolkata address. He contended that this pattern of summoning appeared to be a calculated attempt to harass Banerjee, arguing that it was both unnecessary and unfair given his current residence.

“The TMC leader is being questioned by the ED regarding alleged irregularities in the recruitment process at West Bengal schools.”

-Sibal noted, emphasizing that the ED’s actions seemed excessive and unjustified.

He further contended that the ED’s alleged irregularities in the recruitment process were being used as a pretext to target Banerjee and his family.

The alleged irregularities involve claims that positions in state-run schools were offered in return for monetary payments. However, this case is not the only one drawing scrutiny on Abhishek Banerjee. The Enforcement Directorate has also summoned him multiple times in connection with the West Bengal coal scam, prompting concerns about the consistency and impartiality of the investigations.

The hearing on Tuesday also delved into earlier Supreme Court orders concerning the location where the Banerjees should be summoned for questioning. Specifically, the Enforcement Directorate had summoned Abhishek Banerjee to Delhi on multiple occasions. The Banerjees objected to these repeated summons, arguing that, despite the existence of an ED office in Kolkata, they were being required to travel to Delhi. They viewed this practice as excessive and inconvenient, raising concerns about its necessity and the added burden it imposed on them.

“Abhishek Banerjee alleged in the case that he was being ‘harassed’ by repeatedly being summoned from Kolkata to Delhi under the pretext of the investigation.”

– the senior advocate stated.

This concern was underscored by the fact that Rujira Banerjee was also summoned to the ED’s office in Delhi, even though her primary residence and family responsibilities are in Kolkata.

In an earlier interim order, the Supreme Court had directed that Abhishek Banerjee should be questioned in Kolkata rather than Delhi.

“Rujira should be summoned to the ED office in Kolkata if required,”

– the court had said, thereby providing temporary relief to the Banerjees.

This interim order reflected the court’s recognition of the logistical and personal challenges faced by the Banerjees due to the ED’s actions.

The Enforcement Directorate defended its decision by arguing that, as an MP, Abhishek Banerjee should have a residence in Delhi, making it reasonable to summon him there. However, this argument did not prevail in court. The Supreme Court, in its interim order, supported Abhishek Banerjee’s position, stating that if needed, both Abhishek and Rujira Banerjee should be summoned to the Kolkata office rather than being required to travel to Delhi.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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