On Monday, the Supreme Court refused to entertain a plea filed by Trinamool Congress leader Abhishek Banerjee, nephew of West Bengal Chief Minister Mamata Banerjee, and his wife Rujira Banerjee against the ED summons issued in a money laundering case related to the alleged coal scam.
A Bench of Justices Bela M. Trivedi and S C. Sharma said it did not find any substance in the challenge made by the high-profile couple to the summons issued to them under Section 50 of the Prevention of Money Laundering Act.
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," ruled the apex court.
The ED had summoned Banerjee and his wife to appear before it for questioning. The couple had challenged the summonses issued by ED, contending that since both are residents of West Bengal, they could not be called by the anti-money laundering agency to appear before it in the national capital.
In its judgment, the Supreme Court said: "We do not find any illegality in the summons issued by the ED summoning the appellants - Banerjee and his wife - to its office at Delhi, which also has the territorial jurisdiction, a part of the offence having been allegedly committed by them as alleged in the prosecution complaint.
"It is also not disputed that Abhishek Banerjee being a Member of Parliament has also an official residence at Delhi," noted the SC.
In his plea filed before the apex court, Abhishek Banerjee said, "The party to which the Petitioner No.1 (Abhishek) belonged, comprehensively trounced the political party at power in the Centre, thereby giving justifiable cause to 'target' and 'fix' the Petitioner No.1, by misusing the Central Investigation Agencies."
"It is not only against the basic principles of territorial jurisdiction but could also result in absurd consequences and situations wherein the officers of the respondent agency situated in any state in India can summon any person residing in any other state, without any regard to the place of occurrence of offence or the place of residence of the summoned person," his plea contended.
The top court had last July ordered the ED to withdraw a Look Out Circular issued against Banerjee and his wife upon intimating the probe agency a week in advance.
A Bench of Justices D.Y. Chandrachud and M.R. Shah directed that the ED will issue "necessary orders" permitting the duo to travel overseas if a prior application is is made by them.
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