NEW DELHI: The Delhi High Court on Monday stayed the notice issued to the officers of the Enforcement Directorate (ED) by West Bengal Police pursuant to an FIR lodged by TMC MP Abhishek Banerjee.
Justice Jasmeet Singh, who was hearing a challenge to the notice dated March 17, noted that the earlier summons issued in the case by the West Bengal Police were stayed last year by another bench of the high court and no appeal has been filed against the same.
"In view of the fact that (earlier) notice has already been stayed by the court in view of a prima facie case, the balance of convenience and irreparable injury, the same dated March 17, 2022, is stayed till the next date of hearing i.e. May 17, 2022," the court said.
"It is admitted that the order (staying the earlier summons) has not been challenged and is subsisting till date. That being so, the court is of the view that similar notices under section 160 CrPC can't be issued till the court effectively adjudicates the issue," it added.
Senior advocate Vikas Pahwa, appearing for the State of West Bengal, contended that the present notice was different from the ones issued earlier as now, the state police have come to the national capital instead of calling the ED officers to Kolkata.
"They can't say they (WB Police) will not call at all. This is a very serious matter," he stated.
"Once notice has been stayed, where is the question of proceeding further. Either you get that order stayed. This order is coming in your way," said the court.
Pahwa asked the court to clarify that the stay order does not mean a stay on the investigation in the case and stated that March 17 notice was for an appearance on March 21 and has thus expired and the state police have not issued any further notices till now.
The court said that the ambit of the present proceedings was only limited to the quashing of the summons.
Additional Solicitor General SV Raju, appearing for ED, argued that the notice for the appearance of ED officers has been issued pursuant to a malafide FIR registered in Kolkata.
In the petition, the central agency, which was also represented by lawyers Amit Mahajan and Nitesh Rana, has stated that in order to "pressurize" its officer investigating the case related to the illegal coal mining in West Bengal, Abhishek Banerjee lodged the present FIR and in furtherance of the same, notices have been issued to them.
"The said FIR has been registered with a malafide intention to derail and delay the investigation under PMLA being conducted by the Directorate of Enforcement", said the petition.
"The Respondents (State of West Bengal) despite passing of the interim order in order to overreach orders of this Hon'ble Court has issued impugned notice dated March 17, 2022, in apparent attempt to harass, browbeat and stop the officers of Petitioner No.1 (ED) from discharging their statutory functions," it added.
In December last year, the court had stayed two notices issued to ED officers by the West Bengal Police in the same case.
In April 2021, on a complaint by the TMC MP, an FIR was lodged by police in West Bengal under the Indian Penal Code for alleged commission of offences of forgery of records, forgery to harm reputation, and defamation.
In its earlier petition before the court, the ED had said that in order to pressurise its officers probing the money laundering case against him, Banerjee, who is the nephew of West Bengal Chief Minister Mamta Banerjee and "enjoys clout" in the state government, lodged the instant FIR.
The ED had alleged that the two notices issued on July 22, 2021, and August 21, 2021, were patently illegal, mala fide, and a "counterblast" to the investigation in the coal pilferage case.
It had also claimed that the motive behind the registration of the FIR and the subsequent issuance of notices is "only to harass the officers of the Directorate and to use the State Police Machinery to halt the investigation being conducted by the officers of the Directorate against highly placed persons in the State Government of West Bengal and their suspected role in the offence of money laundering".