The Enforcement Directorate has alleged before the Delhi High Court that the West Bengal Police is acting at the behest of Trinamool MP Abhishek Banerjee, who “enjoys pressure” in the state government to derail the probe into the alleged coal theft scam .
was submitted by the probe agency in its petition seeking a direction to quash the two notices issued against its officers as per the FIR lodged by Mr Banerjee.
The high court said it will hear on September 21 the ED’s challenge against the police notice issued against its officials arising out of the Trinamool MP’s FIR.
Additional Solicitor General SV Raju, appearing for the ED, argued before Justice Yogesh Khanna that the notices issued as per the FIR are clearly illegal, malicious and “counter-explosion” to probe the coal theft case.
The Enforcement Directorate (ED), in its petition before the High Court, said that Mr Banerjee, who is Chief Minister Mamata Banerjee’s nephew and is under investigation for pressurizing its officers probing the case under the Prevention of Money Laundering Act . case, an FIR was registered in April.
The ED has sought a direction to quash the two notices issued against its officials and any other notices to be issued in the FIR, saying it was an abuse of process of law.
Judge SV Raju, who deferred the hearing on the petition, said, “Notices will not be subject to scrutiny even for a minute.” .
“Once they are saying that there is no other notice, we can fix (petition for hearing) on Friday or Monday. Mr (Siddharth) Luthra (appearing for West Bengal) will take care of it,” the judge said. Said after noting. Submission of Siddharth Luthra.
Mr. Luthra said, “I don’t think there will be any problem. Mr. Raju, take it from me,” Mr. Luthra also said that the legal view was against the ED’s stand.
In April, on a complaint by a Trinamool MP, a case was registered by the local police in West Bengal under various provisions of the Indian Penal Code for the alleged offenses of forgery of records, forgery with the intention of causing damage to reputation, defamation etc.
The petition, filed through Central Government Standing Counsel Amit Mahajan, said that as per this FIR, the ED officers were given to ED officers by the DD of the Sub-Inspector, Special Cell (GS), Kalighat Police Station, Kolkata to perform their statutory functions. Notices were issued. Headquarters in Delhi.
The petition states, “The complainant in the instant FIR is a political heavyweight and has clout in the State Government of West Bengal. The West Bengal Police is acting at his behest to derail the investigation being carried out by the Enforcement Directorate.” “
“It is pertinent to mention that the investigation into illegal coal mining and the role of complainant Abhishek Banerjee is being conducted by the Enforcement Directorate in exercise of its statutory powers under PMLA at its headquarters in New Delhi.”
The plea said that on the basis of “reasonable belief and evidence”, the investigating agency issued summons to Banerjee for her appearance on three occasions, of which she appeared only once on September 6.
“In order to put pressure on the petitioners/IOs probing the case relating to illegal coal mining, Abhishek Banerjee filed an FIR against a news channel on 05.04. The petition states that a case of illegal coal mining has been registered by the West Bengal Police.The said FIR has been registered with the intention of sabotaging the investigation under PMLA being carried out by the Enforcement Directorate.
The plea has alleged that the issuance of notices against the ED officials is “malicious and intended to affect the fair and impartial investigation being carried out by the Enforcement Directorate to unearth major financial scams/frauds taking place in the State of West Bengal and The intention is with the country.”
It also argued that the motive behind registering the FIR and subsequent issuance of notice was “only to harass the officers of the Directorate and use the state police machinery to prevent the investigation being carried out by the officers of the Directorate against high ranking persons”. His suspected role in the State Government of West Bengal and in the offense of money laundering”.
(Except for the title, this story has not been edited by NB staff and is published from a syndicated feed.)