Money laundering case: Why can’t TMC MP, wife travel abroad, SC asks ED
On June 5 wife and children of Abhishek Banerjee were stopped at Kolkata airport on account of the pending investigation in connection with the money laundering cases. The Trinamool Congress politician Abhishek Banerjee and his wife Rujira Banerjee were traveling abroad for medical treatment, and the Supreme Court on Monday ordered the Enforcement Directorate to inform it if a look out circular (LOC) had been issued against them. The Supreme Court also asked the ED to explain why it was unwilling to allow them to do so.
On account of the pending investigation in relation with the money laundering cases linked to an alleged coal scam in West Bengal, Banerjee’s wife and children were stopped at Kolkata airport on June 5. ED was enquired by a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia if it had issued any look out circular against Banerjee .
The bench said, “She has gone out before on many occasions. Why do you stop somebody. What is going on?” Senior advocate Kapil Sibal appearing for the MP’s wife Rujira said that she has informed about a look out circular (LOC) issued by the probe agency to prevent her from travelling abroad. On July 26, Sibal informed that the MP too will be travelling abroad for medical treatment. Although he has no LOC issued against him, he became wary as his intimation to ED in this regard has not been answered.
She has gone out before as well, the bench declared. What makes you stop someone? What is happening? Rujira, the MP’s wife, Informed about a look out circular (LOC) issued by the investigation agency preventing her from traveling abroad, according to senior attorney Kapil Sibal, who is representing her. Sibal announced that the MP would also be traveling abroad for medical care on July 26. Despite the fact that he has not had a LOC filed against him.
“On what grounds you issue LOC, he has a right to travel abroad unless he is likely to abscond. If he is not being examined regularly, Why do you want to create multiplicity of proceedings. If they have a medical situation, why should they be not allowed to fly,” asked the bench, the matter has been posted to Friday for ED’s response on whether any LOC has been issued against Banerjee.
Banerjee approaches SC
Banerjee and his wife both approached the Supreme Court last year challenging the summons issued by the ED calling them to Delhi for questioning. Under section 50 of the prevention of money laundering Act PMLA the summons were issued and the couple requested the court to allow them to be questioned at ED’s office at kolkata, being their domicile place.
Rujira claimed that she cooperated fully with the ED investigation and that there is currently no ED case against her in a document submitted through advocate Sunil Fernandes early this month. “It is obvious that the ED acted maliciously with the sole intention of harassing and degrading the applicant and scarring her minor children by exercising its powers in such an illegal manner,” she claimed.
It was also noted that the granting of LOC only occurs in extremely unusual and extraordinary situations, which are not present in this case because the applicant poses no threat to India’s sovereignty, security, or territorial integrity or to the nation’s economic interests.
She emphasized that the agency’s decision to forbid her from traveling overseas despite her cooperation with the investigation was only “politically motivated” and “reeks of malafide,” and that it was based on the unlawful orders of the selected few.
The top court agreed to investigate whether summonses could be issued for a person at their place of residence after staying all coercive measures against Banerjee in May. The Court had ordered that all identical petitions be heard together because this problem had been raised in similar other petitions.
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