ED moves Delhi HC against fresh summons issued by Kolkata Police
Apr 01, 2022
New Delhi [India], April 1 : The Enforcement Directorate (ED) moved the Delhi High Court against the summons issued to its officials by Kolkata Police in connection with an audiotape leak case.
The Kolkata Police recently had issued fresh summons to three ED officials. The ED officials have been recently asked to appear before sleuths of the detective department at Kalighat Police Station.
The Bench of Justice Jasmeet Singh on Friday took up the matter and tagged this fresh ED application with another similar petition of ED, already pending before the Delhi High Court. The court fixed the matter for April 4, 2022, for hearing.
Meanwhile, ASG SV Raju appearing from Enforcement Directorate sought to stay on the summons or interim order to restrain West Bengal Police from any action against the officials. On that, senior Advocate Vikas Pahwa appearing for the West Bengal government assured the court that till the next date of hearing no action will be taken.
Along with ASG SV Raju, Advocates Amit Mahajan and Nitesh Rana also appeared for Enforcement Directorate in the matter.
Earlier in September 2019, ED had approached the Delhi High Court and sought quashing of notices issued by West Bengal Police against ED officials probing coal mining cases and the alleged involvement of Trinamool Congress (TMC) leader Abhishek Banerjee in it. The Delhi HC had granted a stay on the notice in December 2021.
ED in its plea stated that the respondents despite passing the interim order in order to overreach orders of this Court has issued impugned notice dated March 17, 2022 in 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 has been passed by the Judicial Magistrate, Alipore, states ED.
ED in its fresh petition seeks quashing of March 17 notice issued in Kalighat Police station under Section 160(1) CrPC.
The plea mentioned that the investigation into the illegal coal mining and the role of the complainant Abhishek Banerjee, Member of Parliament and nephew of West Bengal Chief Minister Mamata Banerjee is being investigated by the ED in the exercise of its statutory powers under the 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.
