Supreme Court Directs ED To Withdraw LOC Against TMC MP Abhishek Banerjee & Wife Rujira Banerjee

The Supreme Court on Friday directed the Directorate of Enforcement (ED) today to withdraw the Look Out Circular (LOC) issued against Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee in connection with the money laundering allegations over the alleged coal scam. The direction was passed by a bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia in an application filed by the Banerjees seeking to travel abroad for medical treatment.

The ED told the Court that the petitioners will be allowed to travel abroad after informing their travel plans one week in advance.

In the last hearing, the Supreme Court had asked the agency to respond as to why the applicants should not be permitted to travel and whether there were any LOCs issued against them. Rujir was stopped at the airport on June 5 from travelling abroad because of the LOC. Today, Additional Solicitor General SV Raju, appearing for the ED, informed the court that Abhishek Banerjee had already been allowed to travel on July 26. To this, Senior Advocate Kapil Sibal, appearing for the applicants, asked–

"That's very kind. So that means there is no LOC?"

However, the ASG responded in a negative and stated that owing to certain apprehensions, there was a pending LOC that existed. To this, Justice Kaul said–

"The problem is this- someone goes, you say they can go. The pendency of LOC creates a scenario that someone is stopped somewhere. That is not done. Your time wasted, my time wasted. In criminal cases, prosecution has to prove case beyond reasonable doubt Mr Raju. You know that. That principle cannot change...there is an LOC, you recall the LOC."

When ASG Raju insisted that there had been "instances" which required for the LOC to remain, Justice Kaul said–

"There will always be incidents."

The bench dictated the order as follows :

"On the application, ASG SV Raju states that permissions have been granted for applicants to travel from time to time. Despite intimation granted in advance, the applicants were stopped at the airport. ASG in his usual fairness says that if the petitioner informs one week in advance before travelling abroad, necessary orders will be issued. In any case, the LOC shall stand withdrawn".

Moving on to the the main petition, which 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, the Supreme Court decided to keep the matter pending. The first issue raised in the main petition is whether the ED can summon the petitioners to Delhi when the predicate offence is within the Kolkata jurisdiction. The secondary issue is whether a woman can be summoned to the ED office in view of Section 160 CrPC. 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.

In the main petition, Justice Kaul passed the following order–

"Counter affidavits be filed, if not already filed, within 6 weeks. Rejoinder be filed within 2 weeks thereafter. Place for directions after pleadings are complete."

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

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