Abhishek Banerjee Audiotape Leak: ED Alleges Kolkata Police Forged Order Requiring Voice Sample Of Its Official; Calcutta High Court Grants Stay

The Calcutta High Court on Friday imposed a stay for 3 weeks on orders of Chief Judicial Magistrate, Alipore, South 24 Parganas wherein the Joint Director of Enforcement Directorate (ED) Kapil Raj had been directed to provide a voice sample to the Kolkata Police in connection with an audiotape leak case involving Trinamool Congress MP Abhishek Banerjee. 

Pertinently, Additional Solicitor General (ASG) S.V. Raju appearing on behalf of Raj submitted that the Kolkata Police had allegedly forged a copy of the impugned order before sending it to him. He apprised the Court that the impugned order had clearly stated that the voice sample of the concerned ED Official could be taken subject to consent given by the officer. 

However, it was alleged by the ASG that Kolkata Police had sent a forged copy of the order to Raj which had directed collection of his voice sample without there being any mention about the requirement of his consent. 

Opining that the matter needs to be heard at length since a serious allegation has been levelled, Justice Jay Sengupta observed, 

"A perusal of the application for collection of voice sample of the ED Official renders it necessary to determine whether a case was made out for allowing such a prayer. Besides, a serious allegation has been leveled by the petitioner that an order passed by the learned Magistrate was forged. Therefore, the matter needs to be heard at length."

Granting a stay on the impugned orders for a period of 3 weeks, the Court further directed, 

"The operation of the impugned orders, so far as they relate to the direction to collect voice sample of the ED Official, shall remain stayed till three weeks after the ensuing summer vacation."

The petitioner was also directed to serve a copy of the application upon the State through the concerned Public Prosecutor by speed post within a week. The matter is slated to be heard next after a week after the ensuing summer vacation. The parties were also given liberty to pray for extension or modification or vacating of the interim order upon notice to other side.

It may be noted that the ED is currently investigating the West Bengal coal scam case relating to illegal mining operations allegedly involving TMC MP Abhishek Banerjee. Abhishek, also the party's national general secretary, is accused of having received payoffs from illegal mine operators.

The CBI had registered an FIR in respect to alleged offences of illegal mining and theft of coal from the leasehold areas of Eastern Coalfields Ltd committed in the state of West Bengal by certain individuals. Pursuant to this, ED has registered an ECIR in the Head Investigative Unit located in New Delhi.

Subsequently, in April 2021, Times Now had broadcast an audiotape of a purported conversation between a Kolkata-based businessman and an ED officer, which named Abhishek Banerjee as a recipient of payoffs. Thereafter, an FIR had been registered with the Kolkata Police by Banerjee on 5 April 2021, claiming that the television channel and the ED had conspired to defame him.

On Friday, ASG S.V. Raju appearing for the central agency apprised the Court that Kapil Raj had been investigating into charges under the Prevention of Money Laundering Act pertaining to the alleged coal mining scam involving huge amounts of money. He further submitted that names of several influential political persons have surfaced in the said case. 

It was further contended that as a countermeasure, the impugned proceeding has been initiated only to harass the officials of the Enforcement Directorate. The ASG further apprised the Court that earlier directions were passed on the ED officials to appear before the Kolkata Police but such directions had been stayed by the Delhi High Court on two occasions. By suppressing all these, an application was made before the learned Chief Judicial Magistrate for taking voice sample of the ED Official, it was alleged further. 

Case Title: In the matter of Kapil Raj

Case Citation:  2022 LiveLaw (Cal) 150

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