Supreme Court Asks ED To Interrogate TMC MP Abhishek Banerjee & Wife At Kolkata Instead Of Delhi; Directs West Bengal Police To Give Assistance

The Supreme Court, on Tuesday, stayed the effect and operation of the order of the Delhi High Court order refusing to quash summons issued to Trinamool Congress MP Abhishek Banerjee, the nephew of West Bengal Chief Minister Mamata Banerjee and his wife Rujira Naroola Banerjee for appearance in New Delhi for interrogation in connection to coal scam case. While issuing notice in the plea and staying the operation of the impugned order in the interim, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia imposed the following conditions - It shall be open to the Directorate to require attendance of the petitioner in its office situated at Kolkata by giving at least 24 hours notice;Simultaneously notice shall be issued to Commission of Police and Chief Secy, WB so that adequate police protection is afforded to the persons seeking to interrogate the petitioners are concerned;We have been assured by Counsel appearing for WB that complete assistance will be rendered by state machinery so that effective interrogation or examination be undertaken by the department. He further assured that the apprehension expressed by the ASG that there might be interference of obstruction is completely misplaced and every care shall be taken by the State machinery. On the assurance given by the Ld. Counsel for the State that the entire state apparatus will see to that the examination will go without any interference, we have passed the aforesaid interim direction. In case of any obstruction or interference, the Directorate shall be at liberty to approach the vacation bench of this court for appropriate directions. Counsel for WB has also assured us that in case any complaints is or is likely to be filed for the official involved in interrogation, no coercive action of any kind will be initiated by police or any state machinery against such officials without taking leave of the Court. The state shall also be at liberty to approach the vacation court. In no unclear terms, the bench cautioned the State of West Bengal that it would not tolerate any infraction, obstruction in the process of interrogation by the concerned officers."In case of any obstruction or interference, the Directorate shall be at liberty to approach the vacation bench of this court for appropriate directions.Mr. Suhaan Mukherjee, the Standing Counsel appearing for WB) has also assured us that in case any complaints is or is likely to be filed for the official involved in interrogation, no coercive action of any kind will be initiated by police or any state machinery against such officials without taking leave of the Court. The state shall also be at liberty to approach the vacation court", the bench recorded in the order.The prosecution under Section 174 IPC for non-appearance was also stayed by the Bench for the time being. Considering similar issues are pending consideration in the Nalini Chidambaram's matter, the Bench directed the Registry to list the papers of the present matter before the CJI. NV Ramana so that it can be placed before the appropriate Bench. "Issuing notice returnable on 19.07.2022. Mr. M.K. Maroria accepts notice on behalf of the Respondent Directorate. He is granted 3 weeks time to file an affidavit in response and also place on record all those documents on which reliance would be placed by the Directorate. Rejoinder if any be filed within 2 weeks thereafter. Since similar issues in the matter are pending consideration in Nalini Chidambaran v. UOI we direct the registry to place papers before CJI so that both matters can be placed before the appropriate bench. As an interim order was passed in Nalini Chidambaram's matter we proceed to pass the following directions." On the last date of hearing, the Bench suggested that instead of summoning them to Delhi, ED can question Banerjees at Kolkata. The Bench assured that it would direct Kolkata Police to provide all assistance and will hold the West Bengal Government accountable if such assistance was not forthcoming. Additional Solicitor General SV Raju, appearing for the ED expressed apprehension. He submitted that on previous occasions, CBI office have been gheraoed in Kolkata, officers have been hounded. THe ASG also referred to Abhishek Banerjee's influence in the State of West Bengal. Again, on Tuesday, Mr. Raju vehemently opposed the suggestion to permit the petitioners to be examined in Kolkata. Justice Lalit stated that if the ED is suggesting that the Banerjees are accused, they can be, undoubtedly, directed to appear before the Directorate's office in Delhi. But in the present case, ED is yet to declare them as accused. "We are putting the matter in perspective, when you summon for interrogation you have nothing against that person or putting the man in the slot as an accused. It is a general interrogation - it can be as a witness and after interrogation can provide...

Supreme Court Asks ED To Interrogate TMC MP Abhishek Banerjee & Wife At Kolkata Instead Of Delhi; Directs West Bengal Police To Give Assistance

Sohini Chowdhury

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