West Bengal coal case: Delhi HC refuses to quash ED's summons issued to Law Minister Moloy Ghatak
Nov 17, 2023
New Delhi [India], November 17 : The Delhi High Court on Friday found no ground to quash summons issued against West Bengal Law Minister Moloy Ghatak in relation to an alleged coal smuggling case.
Ghatak through his plea, had challenged the summons issued to him in the case and also sought direction to the Enforcement Directorate (ED) not to further summon him to New Delhi.
The bench of Justice Swarna Kanta Sharma, in an order passed on Friday, stated that it is
surprising that the petitioner himself has not appeared before the Directorate of Enforcement on eleven occasions out of twelve to give the information that they are seeking.
In such circumstances, when he himself has not appeared before the Directorate of Enforcement except once, such relief cannot even be considered by this Court, at this stage.
The court meanwhile directed that in the present case, the respondent (ED) will be at liberty to require the attendance of the petitioner herein (aged about 67 years) in its office
situated at Kolkata by giving at least 24 hours' notice.
Notices shall also be issued to the Commissioner of Police, Kolkata, and the Chief Secretary, State of West Bengal so that adequate police protection is afforded to the persons seeking to examine or interrogate the petitioners and to avoid any difficulty, obstruction, or interference with the officers of Directorate of Enforcement.
The petitioner, being the Law Minister of the State of West Bengal itself, where he wants to be examined will also ensure that no harm is caused to the officers of the Directorate of Enforcement examining him at Kolkata as this relief is being granted to him at his request only.
The Enforcement Directorate called Moloy Ghatak to New Delhi several times in connection with the coal smuggling case.
Ghatak through a plea alleged that the Directorate of Enforcement has issued the impugned summons to him in a mala-fide manner intending to harass him. It was stated that the 67-year-old petitioner is a permanent resident of Asansol, Paschim Bardhaman, West Bengal, and a Member of the West Bengal Legislative Assembly, and is serving as the Cabinet Law Minister in the Government of West Bengal.
Moloy's plea further stated that evidently, the respondent has embarked on a fishing and roving enquiry and is trying their level best to create a false case against the petitioner by taking him to New Delhi even though the respondent has a fully functional office in Kolkata and their officers have conducted various searches and seizures in and around Kolkata in the course of the investigation.
It was stated that the petitioner has expressed his desire to cooperate with the investigation and that the officers of the respondent can interrogate him at their Kolkata Zonal Office.
