In a reduction to Trinamool Congress MP Abhishek Banerjee, the Supreme Court on Tuesday requested the Enforcement Directorate, which needs to query him and his spouse in reference to a coal rip-off case, to take action in Kolkata and never in Delhi.
A bench headed by Justice UU Lalit stayed the Delhi High Court order which had refused to quash the summons issued to them to look earlier than the company in Delhi.
The bench, additionally comprising Justices S Ravindra Bhat and Sudanshu Dhulia, nevertheless, imposed stringent circumstances like police safety for the interrogators and allowed the company to method it if there was any obstruction or interference.
“We are putting the matter in perspective, when you summon for interrogation you have nothing against that person or putting the man in the slot as an accused. It is a general interrogation – it can be as a witness and after interrogation can provide such information that he becomes an accused. As an accused you can procure custody, but when the man is not in the capacity of an accused can you insist on calling them to your office,” Justice Lalit remarked.
The courtroom additionally directed that in case any criticism is filed or is more likely to be filed in opposition to officers concerned within the interrogation, no coercive motion of any sort might be initiated by the police or any state equipment in opposition to such officers with out informing the courtroom.
During the listening to, Additional Solicitor General SV Raju, showing for the ED, opposed the suggestion to query the duo in Kolkata. “In a case like this, the offense has taken place in the territory of Delhi, investigation is in Delhi, his address in Delhi, he is very influential – related to the highest machinery in the state,” stated Raju. Banerjee is the nephew of West Bengal Chief Minister Mamata Banerjee.
The bench, nevertheless, stated it might have allowed the prayer if the company had named them as accused, but it surely had not achieved so but
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With inputs from TheIndianEXPRESS
