In the Trinamool Congress' plea seeking to operate its bank accounts frozen by the Enforcement Directorate, the Supreme Court today proposed that some amount be left with the High Court-appointed Administrator for managing the party's day-to-day affairs.

A bench of Justices MM Sundresh and PB Varale was dealing with TMC's plea challenging the Calcutta High Court's July 20 interim order whereby it refused to permit the party to operate 3 HDFC bank accounts frozen by the Enforcement Directorate as part of a money laundering investigation under the PMLA.

The ED has frozen 3 TMC bank accounts allegedly containing around ₹440 crores. According to the agency, the action forms part of its money laundering investigation into alleged transfers of funds to Carewell Aviation India and an associated entity between April 2023 and June 2026 in connection with the purported acquisition of an aircraft and a helicopter.

During the hearing, Additional Solicitor General SV Raju, for ED, highlighted that the impugned order was in the nature of an interim order and not all accounts of the party had been frozen. On being asked about the proceeds of crime, he claimed that money was still going out of the party's frozen accounts, so the amount was continuously increasing. It was also submitted that an amount of Rs.164 crores has not been attached.

Senior Advocates Kapil Sibal and Menaka Guruswamy, for petitioner-AIMTC, however claimed that the party's accounts were frozen and no amount could therefore be utilized out of them. Sibal also called on the ASG to show a single transaction to support his claim that amounts were continuing to go out of the accounts. Guruswamy, on the other hand, highlighted that the party had been handicapped as it could not even pay the salary of its employees.

On hearing the parties, Justice Sundresh clarified that the Court will not be going into the merits of the matter (as the case is pending before the High Court). The judge further proposed that some amount be left to the High Court-appointed Administrator for taking care of the petitioner's day-to-day affairs.

The matter was adjourned to enable the ASG to take instructions.

Background

The matter arose from a complaint lodged by West Bengal MLA Biswanath Das before the Bidhannagar Cyber Crime Police on June 18, 2026 alleging that funds generated through illegal activities, misuse of influence and dishonest financial dealings had been routed through three HDFC Bank accounts.

An FIR was registered on the same day under the Bharatiya Nyaya Sanhita and the Information Technology Act. The ED registered an ECIR on June 23, 2026 and following searches, froze six bank accounts including three HDFC Bank accounts belonging to the AITC on July 7, 2026.

The party contended that the freezing action was arbitrary, mechanically undertaken and unsupported by any identifiable proceeds of crime. It also relied on an earlier July 9, 2026 order of a Coordinate Bench permitting operation of the three accounts through a Special Officer for meeting the party's day-to-day expenses.

The High Court however, held that it could not examine the legality of the alleged fund transfers at the interim stage and that the petitioners would have an opportunity to raise their objections before the PMLA Adjudicating Authority as well as in the writ proceedings after exchange of affidavits.

“This Court did not find any prima facie case and balance of convenience and inconvenience in favour of the petitioners. In view of the above, interim order as prayed for by the petitioners, is refused.”, the Court said. It further noted that the ED had analysed the accounts and recorded reasons to believe that substantial transfers had been made to various entities, justifying the freezing order under the PMLA.

Case Title: ALL INDIA TRINAMOOL CONGRESS AND ANR v. UNION OF INDIA AND ORS.

Case No.: SLP (Crl) 13322/2026