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Supreme Court: Why ED can't question MP Abhishek Banerjee in Kolkata

The top court said, it may direct the Kolkata Police to provide all assistance to the Enforcement Directorate (ED) officials for the interrogation of TMC leader Abhishek Banerjee.



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The Supreme Court, during the hearing of Trinamool MP Abhishek Banerjee's petition, on Thursday asked why the ED cannot interrogate Banerjee in Kolkata. She




The top court said, it may direct the Kolkata Police to provide all assistance to the Enforcement Directorate (ED) officials for the interrogation of TMC leader Abhishek Banerjee. The ED had earlier expressed apprehension in view of incidents of resistance against CBI there in other cases.



 A three-member bench of Justice UU Lalit told Additional Solicitor General (ASG) SV Raju, representing the ED, that Banerjee is as of now just a witness and not a potential accused. What is the problem in interrogating him in Kolkata itself. To this, Raju said, "Banerjee is an influential politician. The court has seen how the central agencies were treated in Kolkata.


CBI officers were gheraoed. Raju was referring to incidents when the CBI had to face sloganeering during the interrogation of ruling party leaders. The bench said, it may order the Kolkata Police to provide all assistance and hold the West Bengal government accountable.


Section 160 applies only to police investigation

The counsel for the petitioners, Kapil Sibal, argued that under Section 160, the police should interrogate the witnesses at their place of residence. He said, I am not refusing to investigate. I am saying come to Kolkata, they want me to come to Delhi. To this, ED's counsel argued, Section-160 is applicable only to police investigation and ED's investigation is governed under Section-50 of PMLA.


now hearing on 17

The bench said, "ED is not saying that summons were issued to Banerjee and his wife as an accused. To this Raju said, he will bring instructions on this aspect. After which the bench adjourned the matter for May 17. The bench said orally that no coercive action should be taken against the petitioners in the meantime.


The Supreme Court is hearing a special leave petition filed by Banerjee and his wife challenging an order of the Delhi High Court. The High Court had dismissed the challenge to the ED summons issued in connection with the money laundering case related to the alleged West Bengal coal scam.

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