Supreme Court Dismisses TMC MP Abhishek Banerjee’s Plea Against ED Summons

On Monday the Supreme Court dismissed a plea by Trinamool Congress (TMC) MP Abhishek Banerjee and his wife, Rujira Banerjee, challenging a summons issued by the Enforcement Directorate (ED) in connection with the West Bengal teacher recruitment scam.

As a result, the ED has now summoned both Abhishek and Rujira Banerjee to appear at their headquarters in Delhi.

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The bench, led by Justice Bela M Trivedi, rejected the petition filed by the Banerjees.

Senior advocate Kapil Sibal, representing Abhishek Banerjee, had argued that the ED had already questioned Abhishek in 2022 and Rujira in 2023.

Sibal contended that the summons process was not in accordance with Section 50 of the Prevention of Money Laundering Act (PMLA) but should follow the procedures outlined in Section 160 of the Criminal Procedure Code (CrPC).

He questioned why the ED couldn’t conduct the interrogation in Kolkata, where authorities had filed the case.

Sibal further argued that the ED had not addressed the issue of territorial jurisdiction under Section 50(1) of the PMLA, insisting that the investigation should take place in Kolkata rather than Delhi.

He emphasized that the summons process should align with the CrPC, which applies to both accused and witnesses.

In response, the ED’s legal representatives opposed the petition, asserting that the ED had the authority to summon and interrogate Abhishek Banerjee in Delhi.

The court, relying on the validity of the summons format, upheld the ED’s stance.

Previously, on 10 July 2023, the Supreme Court had denied relief to Abhishek Banerjee, rejecting his plea to dismiss the case.

The ED had initially summoned Banerjee on 8 June 2023, for questioning on 13 June.

However, Banerjee refused to comply, citing his busy schedule due to upcoming panchayat elections.

He claimed he could not afford to spend 10-12 hours at the ED office before the elections but assured his willingness to cooperate post-election.

Abhishek Banerjee had requested that the interrogation be conducted in Kolkata instead of Delhi.

However, the Supreme Court’s decision reinforces the ED’s authority to proceed with their investigation in the national capital.

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