Banerjee: all the petitions are copy pasted. At the time of drafting Mr Mehta has not taken care at all.
Banerjee: a very unique method has been adopted in this case. Must be it is a brain child of very eminent lawyers....
Benejee: I am fighting for our existence for last 10 years in this country itself.
J Mishra: we can only smile, we cannot comment.
Banerjee: it may be shocking, in fact it is very shocking therefore let us depart from all principles of law which have been settled by the supreme court time and again!
Banerjee: let us assume for argument's sake that they are enjoying a fundamental right. When the individual is coming to this court does he enjoy your higher privilege? Certainly not. Simply because they are ED officers they do not enjoy a higher right than any other citizen of this country
Banerjee: they are discharging official duties not any personal duties. Then in that case only the central government will come not personally they will come.
Banerjee: the officers are officers of the ministry of revenue. They may be posted under the ED but they are officers of the ministry of revenue. Thus, the aggrieved is the Government of India minister of revenue.
J Mishra: same argument Mr Diwan has made.
J Mishra: just because they are officers of the ED they cannot approach under article 32? Suppose there is no petition of ED and there is only one petition filed by the officers of ED in what way will you deal with that
J Mishra: merely because at that point of time they are officers of the ED do they cease to become citizens of India?
J Mishra: I am repeatedly reminding you that in addition to ED in the other petitions the individual officers are also real. Maybe in the first petition this Mr. Robin hood is wearing 2 hata, but in the second petition ED is not there
Sibal concludes his arguments. Senior Advocate Kalyan Banerjee for Mamata Banerjee begins his arguments.