Recruitment Scam: Calcutta High Court Defers Verdict In MP Abhishek Banerjee's Quashing Plea After ED Raids Company Linked To Him

The Calcutta High Court has deferred its verdict in a 482 CrPC petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal cases registered against him in the Municipal and Teacher-Recruitment scam, wherein prospective candidates were offered government jobs in exchange for money.

In taking on record Banerjee's submissions that the Enforcement Directorate (“ED”) unauthorisedly raided “Leaps & Bounds”, a company where he was the CEO, only after conclusion of arguments in the present case, a single-bench of Justice Tirthankar Ghosh held:

On 21.08.2023, the hearing of the arguments in connection with this case was concluded…and this Court reserved the judgment and fixed 05.09.2023, as the date for pronouncement of the judgment. Subsequently, an application was taken out on behalf of the petitioner claiming that in the interregnum period, a raid was conducted at an office, namely, “Leaps & Bounds” wherein the petitioner happens to be the Chief Executive Officer and for a limited period of time, the petitioner was also a Director. Mr. Datta, learned senior advocate for the petitioner submits that the same was not with the consent and knowledge of the employees or the Officers of the said Company. In view of the present circumstances, the date fixed for delivery of the judgment for the time being is kept in abeyance.

The present petition was filed upon the dismissal of an SLP filed by Banerjee before the Supreme Court, which was disposed of by giving him liberty to approach the High Court under Section 482 CrPC.

Justice Tirthankar Ghosh had earlier released the matter in light of all cases in the teachers and municipal recruitment scam being heard by a single-bench of Justice Amrita Sinha, before it was reassigned to him by the Chief Justice.

During the present hearing, Banerjee's counsel argued that the ED had raided a company owned by him and that they had allegedly downloaded 16 files from the computers, in absence of officers of the Company, which may be prejudicial to Banerjee.

ASG SV Raju for the ED, on the other hand, argued that the investigating agency had not seized any hard drives and that they were acting in the presence of officers of the Company.

In taking note of these developments, the Court directed the ED, Cyber Police, Kolkata and the Central Forensic Sciences Laboratory (“CFSL”) to co-ordinate amongst themselves. CFSL has ben asked to place the hard copies of 16 files which were allegedly taken from the company before the Court at the next hearing on 4^th September.

Case: Abhishek Banerjee v Directorate of Enforcement (ED)

Coram: Justice Tirthankar Ghosh

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