NEW DELHI: The Supreme Court on Friday paved the way for Trinamool Congress leader and Member of Parliament Abhishek Banerjee and his wife to travel abroad after the look out circular issued against them stood withdrawn by the Enforcement Directorate.
Appearing before a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia, the Enforcement Directorate (ED) represented by additional solicitor general (ASG) SV Raju said the circular has been relaxed and there will be no impediment in the MP’s plan to travel abroad from July 26 to August 20. He added that the petitioners need to seek permission from ED one week prior to their visit.
The bench, however, suggested this wasn’t enough and ordered: “The look out circular (LOC), in any case shall stand withdrawn”.
Pointing out the practical difficulties in keeping the LOC alive, the bench said, “The problem is that if somebody goes, and you grant permission, the pendency of LOC can lead to a situation where somebody somewhere will be stopped. That is not done. Both your time and our time gets wasted.”
Senior advocate Kapil Sibal appearing for Banerjee said on July 26 that the TMC leader was stopped at the airport when he was supposed to leave. This happened despite his prior intimation to the ED about his travel plans.
The court told Raju, “In criminal cases, the prosecution has to prove the case beyond a reasonable doubt. This principle cannot change. You (ED) are more powerful. You recall the LOC.”
Banerjee came to court with an application complaining that on June 5, his wife and children were stopped at Kolkata airport due to the look out circular. On Monday, when the court took up the matter, it asked ED to indicate whether or not there was LOC against Banerjee or his wife Rujira in connection with the money laundering probe against them resulting from the West Bengal coal mining scam.
During the previous hearing, the court underlined Banerjee’s right to travel unless he is likely to abscond. “If they have a medical situation, why should they be not allowed to fly,” the bench asked, noting that the couple had travelled abroad on many occasions in the past and come back/
With the LOC issue resolved, the bench wished to know if the main matter related to the summons issued by ED to Abhishek Banerjee and his wife would survive.
Banerjee, who is the nephew of West Bengal chief minister Mamata Banerjee, had moved the top court last year challenging the summons issued by ED to appear in Delhi. He wanted to depose in Kolkata. The top court worked out an arrangement for his questioning in Kolkata and directed the state government to ensure no untoward incident takes place.
The bench wished to know if the same mechanism could continue. ASG Raju said the investigation was still pending against him and it cannot be said at this stage if any further summons were to be issued The law officer said that the petitioner should have no objection to appear in Delhi as he is a MP who has to attend Parliament.
Sibal pointed out that the issue was not of Banerjee alone but of his wife that whether a woman could be asked to appear in Delhi. Since this question is already pending before the Court in two other matters – filed by Nalini Chidambaram in connection with the probe against her in Sarada chit fund scam and K Kavitha, daughter of Telangana chief minister in connection with the ED summons in the Delhi excise policy scam, the Court agreed to examine the matter by calling for ED’s response in six weeks. The matter is expected to come up for a hearing after eight weeks.
