ED can examine TMC leader, wife in Kolkata: SC

The Supreme Court on Tuesday stayed the Delhi high court order, which had dismissed the pleas filed by TMC MP Abhishek Banerjee and his wife Rujira Banerjee seeking quashing of summons issued to them in a money-laundering probe, and said the Enforcement Directorate (ED) can examine them in its Kolkata office by giving a 24-hour advance notice. Observing that it would not tolerate any kind of “interference or hooliganism”, the apex court said the state will provide adequate police protection to ED officials who would probe there.

The ED told the top court that according to them, the TMP MC is a “potential accused” and they want to interrogate him. A bench headed by justice U U Lalit issued notice to the ED on the plea filed by Abhishek and his wife against the high court order.

“Pending further consideration, there shall be interim stay on the effect and operation of the judgement presently under challenge, subject to; It shall be open to the directorate (ED) to require the attendance of the petitioners in its office situated at Kolkata by giving at least 24-hour notice,” the bench, also comprising justices S R Bhat and Sudhanshu Dhulia, said.

“Simultaneously, notice shall also be issued to the commissioner of police, Kolkata, and the chief secretary, state of West Bengal, so that adequate police protection is afforded to the persons seeking to examine or interrogate the petitioners are concerned,” the bench said.

It noted that the state’s counsel has assured that complete assistance shall be rendered by state machinery so that effective interrogation or examination can be undertaken by ED.

The bench noted it has been further submitted by the state’s counsel that apprehension expressed by additional solicitor general (ASG) S V Raju, who was representing ED, that there may be interference or obstruction in the interrogation is “completely misplaced” and every care shall be taken by the state machinery.

“On the assurance given by the counsel for the state that the entire state apparatus shall see to it that the interrogation or examination goes without any obstruction or interference, we have passed the aforesaid interim direction,” the bench said and posted the matter for July 19.

It said in the case, there would be any obstruction or interference, the ED shall be at liberty to approach the vacation bench of the apex court for appropriate directions.