Why Can't TMC MP Abhishek Banerjee & Wife Be Allowed To Go Abroad For Medical Treatment? Supreme Court Asks ED

“We only want to know whether, a LOC has been issued qua the petitioners and they having sought for medical treatment abroad, why should they not be permitted to travel.”

While considering applications filed by the Banerjees seeking to travel abroad for medical treatment, a Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia also asked the agency to respond why the applicants should not be permitted to travel. Justice Kaul orally stated, “the issue of traveling abroad is also a right unless there is apprehension that they would abscond”.

Senior Advocate Kapil Sibal, appearing on behalf of Rujira Banerjee, informed the Bench that when his client went to the Airport on 5th June, she was told that there was an LOC against her. He submitted that the ECR in respect to Rujira was registered in 2020. Thereafter, she has travelled abroad without any objections and she was not informed prior to 5th June that a LOC has been issued against her.

Justice Kaul asked ASG, SV Raju appearing for the ED, “Is there an LOC”. The ASG raised objections on the issue of maintainability of the applications, however, sought time to take instructions with respect to the issuance of LOC.

Sibal further informed the Bench that Abhishek Banerjee is travelling on the 26th July; he is going abroad for medical treatment. In respect to the said application, the ASG reiterated his objections on the issue of maintainability.According to him, the cause of action in the application has no bearing to the main petition. He submitted that without exhausting their alternative remedies the applicants have approached the Supreme Court just because some unconnected matter is pending before it.

The main petition assails the Delhi High Court order refusing to quash summons issued to the Banerjees for appearance in New Delhi for interrogation in connection to coal scam case. In 2022, the Apex Court stayed the effect and operation of the said order and directed the agency to interrogate the Banerjees at Kolkata instead of Delhi.

Justice Kaul asked, “What is the stage of the case?”

The ASG responded that the ED was examining the applicants. Justice Kaul stated, “You are still examining him for the last one year”. The ASG apprised the Bench that the ED has not been calling them regularly.

Justice Kaul was concerned that when the investigation was pending on what basis the LOC was issued against the Banerjees. He added, “The issue of travelling abroad is also a right unless there is apprehension that they would abscond. Why do you create multiplicity of litigation unnecessarily”.

The ASG said that he would seek instructions. In view of the same, the matter has been adjourned till Friday (28th July, 2023).

[Case Title: Abhishek Banerjee And Anr. v. Directorate of Enforcement SLP(Crl) No. 2806-2807/2022]