The Supreme Court on Monday dismissed the plea by Trinamool Congress (TMC) leader Abhishek Banerjee and his wife, Rujira Banerjee, challenging the Enforcement Directorate (ED) summons related to a money laundering investigation in the West Bengal school jobs scam. This comes after the couple argued that they should be summoned to Kolkata instead of New Delhi. The verdict, delivered by Justices Bela Trivedi and Satish Chandra Sharma today, follows the reservation of judgment on August 13.
What did petitioners argue?
The petitioners argued that the summons issued by the Enforcement Directorate (ED) should be governed by the Code of Criminal Procedure (CrPC) of 1973, as the Prevention of Money Laundering Act (PMLA) of 2002 does not provide a specific procedure for summons. They contended that, under the CrPC, they should only be required to appear in Kolkata, where the alleged offence occurred, rather than in New Delhi.
ED's counter argument
However, the ED countered by stating that Section 50 of the PMLA is distinct from Section 160 of the CrPC, arguing that the PMLA provisions should take precedence. The ED maintained that the authority under the PMLA to summon individuals for investigation is broader and not limited by the procedural requirements of the CrPC, thereby justifying the summons to New Delhi. The Supreme Court, considering these arguments, decided not to relocate the summons, emphasising the unique legal framework of the PMLA in the ongoing investigations.
Cases against Abhishek Banerjee
Abhishek Banerjee, a prominent leader of the Trinamool Congress and nephew of West Bengal Chief Minister Mamata Banerjee, is under investigation by the ED in several high-profile cases. These include allegations of recruitment irregularities in West Bengal schools and a multi-crore coal pilferage scam linked to the Eastern Coalfields Ltd. mines in Kunustoria and Kajora near Asansol.
