Coal scam: ED moves HC against Kolkata Police notices; claims malafide intent

The Enforcement Directorate has moved the Delhi High Court seeking quashing of the summons issued against its officials by the Special Cell of the Kolkata Police in an FIR registered on the complaint of TMC leader and Mamata Banerjee's nephew Abhishek Banerjee. The said officials, all at the rank of Assistant Director, are probing the illegal mining scam case involving Abhishek Banerjee.

"It is pertinent to mention that the investigation into the illegal coal mining and the role of the complainant therein Mr Abhishek Banerjee is being investigated by the Directorate of Enforcement in the exercise of its statutory powers under PMLA in the Headquarters at New Delhi," the ED said.

The federal probe agency further said that in order to pressurize the Enforcement Directorate and the officers investigating the case related to illegal coal mining, Abhishek Banerjee lodged an FIR on date 05.04.2021, against a News Channel and in furtherance of the same, notices have been issued to the IOs investigating the case of illegal coal mining by the West Bengal Police.

"The said FIR has been registered with a malafide intention to derail the investigation under PMLA being conducted by the Directorate of Enforcement," the ED said in its petition.

'Kolkata police acting at the behest of CM Mamata'

The probe agency also contended that Banerjee is a political heavyweight and enjoys clout in the State Government of West Bengal. "The West Bengal Police is acting at his behest to derail the investigation being carried out by Enforcement Directorate," it said. 

The ED while seeking quashing of the said notices issued against its officials said, "...since the FIR by the complainant, Abhishek Banerjee and the subsequent illegal notices under Section 160(1) of CrPC, 1973 are nothing but merely an abuse of the process of law having been issued malafide and with the oblique motive and intent at stifling the fair and impartial investigation being undertaken by Enforcement Directorate for unearthing large financial scams frauds taking place in the State of West Bengal and the country. The petitioners are therefore moving this petition to quash and set aside the impugned notices issued by the Kolkata Police."

The ED said that from the allegations in the complaint no cognizable offense is being made out, the FIR and the consequential notices under Section 160(1) of CrPC are whole without jurisdiction and deserved to be quashed on this ground alone.

"...the complaint and allegations made by the complainant does not at all disclose any cognizable offense, the FIR is not registered in terms of Section 154 of the CrPC and as a consequence, the notices under Section 160(1) CrPC are also illegal," the plea said.

It further added that the notices issued under Section 160(1) of CrPC and the criminal proceedings in the present case would serve no purpose being merely an abuse of the process of law. The matter was listed for hearing today before a single-judge bench of the high court presided by Justice Yogesh Khanna. The matter will now be heard on September 24.