SC dismisses Abhishek Banerjee's plea challenging ED summons in school jobs scam
- In Reports
- 12:55 PM, Sep 10, 2024
- Myind Staff
The Supreme Court on Monday dismissed the plea filed by Trinamool Congress (TMC) leader Abhishek Banerjee and his wife, Rujira Banerjee, challenging the Enforcement Directorate (ED) summons related to a money laundering investigation linked to the West Bengal school jobs scam. The couple had requested that the summons, initially issued for their appearance in New Delhi, be relocated to Kolkata, where the alleged offences occurred.
A bench comprising Justices Bela Trivedi and Satish Chandra Sharma delivered the ruling, which followed the reservation of judgment on August 13. Abhishek and Rujira Banerjee argued that the ED summons should be governed by the Code of Criminal Procedure (CrPC) of 1973. They contended that since the Prevention of Money Laundering Act (PMLA) of 2002 does not specify a procedure for issuing summons, the CrPC should apply. Under the CrPC, individuals are generally required to appear in the jurisdiction where the alleged offence took place, which in this case would be Kolkata.
However, the ED presented a counterargument, asserting that Section 50 of the PMLA operates independently of Section 160 of the CrPC. The ED maintained that the powers granted under the PMLA are broader and more flexible, allowing the agency to summon individuals for investigation at locations outside the jurisdiction of the alleged offence. This, the ED argued, justifies the summons for the Banerjees to appear in New Delhi.
After hearing both sides, the Supreme Court ruled in favour of the ED, refusing to relocate the summons to Kolkata. The court emphasised that the PMLA provides a distinct legal framework for investigations, and the provisions under this act supersede those of the CrPC when it comes to issuing summons.
Abhishek Banerjee, a key leader of the Trinamool Congress and the nephew of West Bengal Chief Minister Mamata Banerjee, is currently under investigation in multiple cases being probed by the ED. In addition to the school jobs scam, Banerjee is also implicated in a multi-crore coal pilferage scam tied to Eastern Coalfields Ltd. mines in Kunustoria and Kajora near Asansol. These investigations are part of broader inquiries into recruitment irregularities and other alleged criminal activities in the state of West Bengal.
Image source: Livemint
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