Delhi HC stays Kolkata Police's fresh summons issued to ED officials
Apr 04, 2022
New Delhi [India], April 4 : The Delhi High Court on Monday stayed the fresh summons issued by Kolkata Police to Enforcement Directorate (ED) officials in connection with an audiotape leak case. ED had recently approached the Delhi High Court against Kolkata Police fresh summons issued to its three ED officials.
The Bench of Justice Jasmeet Singh on Monday, while staying the summons said that the bench will hear the matter with other similar petitions of ED, already pending before the Delhi High Court. The Court listed the matter for May 17 for further heating along with other similar matters already being examined by it.
The ED officials have been recently asked to appear before sleuths of the detective department at Kalighat Police Station.
Earlier, Additional Solicitor General SV Raju appeared from Enforcement Directorate (ED) had sought a stay on the summons or interim order to restrain West Bengal Police on any action against the officials.
Along with ASG SV Raju, Advocates Amit Mahajan and Nitesh Rana also appeared for Enforcement Directorate in the matter.
Earlier, Enforcement Directorate in September 2019, had approached the Delhi High Court and sought quashing of notices issued by West Bengal Police against ED officials probing the coal mining case and the alleged involvement of TMC leader Abhishek Banerjee in it. In this matter, the Delhi High Court had 'stayed the matter' in December 2021.
ED in the present plea stated that the respondents, despite passing an interim order and in order to overreach orders of this Court, have issued impugned notice dated March 17, 2022, in an apparent attempt to harass, browbeat and stop the officers of ED from discharging the statutory functions.
The mala fide of the Respondent is also apparent from the fact that they also filed an Application for taking voice sample of the officer of ED in which an ex-parte order dated March 29, 2021 has been passed by the Judicial Magistrate, Alipore, stated ED.
ED in fresh petition seeks quashing of Notice dated March 17, 2022, issued in Kalighat Police station under Section 160(1) CrPC, 1973 by Sub Inspector, Anti-Fraud Section, Detective Department of Kalighat Police Station in Kolkata to Directorate of Enforcement Officers performing their Statutory functions in the Headquarters in Delhi.
Plea mentioned that as far as the investigation into the illegal coal mining and the role of the complainant Abhishek Banerjee, nephew of West Bengal Chief Minister and Member of Parliament is concerned, it is is being investigated by the Directorate of Enforcement in the exercise of its statutory powers under Prevention of Money Laundering Act, 2002 in the Headquarters at New Delhi.
ED further stated that West Bengal Police FIR has been registered with a malafide intention to derail and delay the investigation under PMLA being conducted by the Directorate of Enforcement.
