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Informist, Monday, Sep 9, 2024

 

NEW DELHI – The Supreme Court today dismissed Trinamool Congress' Member of Parliament Abhishek Banerjee and his wife Ruchika Banerjee's plea against the summons issued by the Enforcement Directorate in an illegal coal mining case. The top court also rejected the petitioners' demand seeking directions to the probe agency not to issue any summons against them for their appearance in New Delhi, rather than their hometown Kolkata.

 

"We therefore do not find any illegality in the summons issued by the respondent-ED (Enforcement Directorate) summoning the appellants to its office at Delhi, which also has the territorial jurisdiction, a part of the offence having been allegedly committed by the accused persons as alleged in the complaint," the court said. Additionally, it is not disputed that Abhishek Banerjee being a Member of Parliament, also has an official residence in Delhi, the court said.

 

"As contemplated in the subsection (3) of Section 50 (of Prevention of Money Laundering Act, 2002), all the persons summoned are bound to attend in person or through authorized agents as the officer may direct and are bound to state the truth upon any subject respecting which they are examined or make statements, and to produce the documents as may be required," the Bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma said. 

 

In 2020, the Central Bureau of Investigation filed a first information report in respect of alleged illegal excavation and theft of coal taking place in the leasehold areas of Eastern Coalfields Ltd by one Anup Majee with the active connivance of certain employees of the company. Based on the first information report, an enforcement case information report came to be registered by the Enforcement Directorate at their head investigative unit in New Delhi.

 

During the investigation of the first information report, many vehicles and equipment used in the illegal coal mining and its transportation were seized. It was also found that the case involved money laundering to the tune of 13 bln rupees. In September 2021, the Enforcement Directorate issued summons to Abhishek and Ruchika Banerjee for their appearance in the case. However, the petitioners refused to appear in the summons and challenged the same in the Delhi High Court, which favoured the Enforcement Directorate.  End

 

Reported by Surya Tripathi

Edited by Vidhi Verma

 

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