NEW DELHI: The Supreme Court on Tuesday directed the Enforcement Directorate (ED) to question Trinamool Congress leader Abhishek Banerjee and his wife in Kolkata in connection with a money laundering case.
A bench of justices UU Lalit, S Ravindra Bhat, and Sudhanshu Dhulia issued the order as an interim arrangement on the couple’s petition challenging ED’s summons requiring their presence in Delhi for questioning. The couple sought to appear for their interrogation at ED’s office in Kolkata. Banerjee said as a member of an opposition party, he feared the central agencies could be used to “fix” them.
“It shall be open to ED to require [the] attendance of petitioners in its office at Kolkata by giving at least 24 hours notice,” the court said as it asked ED to submit its response to the petition in three weeks. The court posted the matter for further hearing in July.
Additional solicitor general SV Raju, who appeared for ED, told the court Banerjee is an influential politician and the agency feared harm to its officers during the interrogation. He added ED officials also feared coercive action in any false case against them.
The bench said state counsel Suhaan Mukherjee has assured no coercive action shall be initiated without taking leave of the top court. It directed ED to give advance notice of the interrogation to the Kolkata Police commissioner and West Bengal chief secretary, who will be responsible for the protection of ED officials deputed to interrogate the couple.
{{/usCountry}}The bench said state counsel Suhaan Mukherjee has assured no coercive action shall be initiated without taking leave of the top court. It directed ED to give advance notice of the interrogation to the Kolkata Police commissioner and West Bengal chief secretary, who will be responsible for the protection of ED officials deputed to interrogate the couple.
{{/usCountry}}The state government assured the court that all assistance shall be provided to ensure “effective interrogation”.
The bench said the state apparatus shall see to it that the interrogation goes on without any impediment. In case of any obstruction, the court granted liberty to ED to approach a vacation bench for appropriate orders.
The Delhi high court refused to quash ED’s summons to the couple on March 11.
Senior advocate Kapil Sibal, who appeared for the couple, argued Section 160 of the Code of Criminal Procedure Code provides the police can require the attendance of witnesses at the place where they reside. “I am not saying no to the investigation. All that I am saying is you [ED] come to Kolkata and interrogate...”