The Supreme Court of India was informed by the Enforcement Directorate on Thursday that the agency would want Abhishek Banerjee, the nephew of West Bengal Chief Minister Mamata Banerjee and his wife Rujira Banerjee to be questioned in Delhi instead of Kolkata.
Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice Sudhanshu Dhulia were hearing the SLP by Banerjees against the Delhi High Court’s in its judgment dismissed their challenge to the ED’s summon in connection with the money laundering case registered over the Coal scam.
For the Enforcement Directorate, Additional SV Raju, said that taking the past instances into consideration even CBI officers being squared in Kolkata as Banerjee is an influential politician.
“My lords knows how central agencies were treated in Kolkata…CBI officers were gheraoed….the first petitioner (Banerjee) is an influential politician I should not be saying this”
The ASG’s submitted the same when court questioned as to why the Banerjees cannot be probed at Kolkata instead of Delhi as sought by them.
Senior Advocate Kapil Sibal, who appeared for the petitioners, said that under Section 160 of the Code of Criminal Procedure, the police should question witnesses at their place of residence. “I am not saying no to investigation. I am saying come to Kolkata and interrogate..”
ASG SV RAmu said that Section 160 CrPC was” only applicable to police investigation and not to ED investigation, which is governed by Section 50 of the Prevention of Money Laundering Act (PMLA)”
SV Ramu added that the issue relating to applicability of CrPC to PMLA is before a bench led by Justice AM Khanwilkar, on which judgment is reserved.
The ASG further said that as per the provision of attendance at the place of residence under section 160 CrPC, the condition age below 15 for males and for women and Abhishek Banerjee is not a beneficiary in this provision. The ASG also pointed out that Abhishek Banerjee, being an MP, has a local residence at Delhi as well.
The court listening to the request said ,if this is the concern an order can be passed to the Kolkata Police to provide all assistance to ED “For a smooth passage, we will say the moment you make a requisition 72 hours in advance, the Kolkata Police will co-operate and we’ll hold the State of West Bengal accountable”, saidb the court
Court asked ED why the summon that has been issued to them does not mention if they are accused. The ASG said that the matter will be clarified on this aspect and sought adjournment till tomorrow. The Court adjourned the matter to next Tuesday and in meantime.
The bench asked the ASG about the tentative time period they might require for questioning, for which ASG said he cannot give a definite answer , adding that the investigation is being delayed due to the non-cooperation of the petitioners. The ASG also said that Section 160 does not apply to accused persons and applies only to witnesses. “But you are not saying if they are accused”, the bench observed.