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NEW DELHI — The Supreme Court has dismissed the appeals filed by Trinamool Congress MP Abhishek Banerjee and his wife, Rujira Banerjee, challenging the summons issued by the Enforcement Directorate (ED) in connection with a coal scam investigation. The couple, who reside in Kolkata, had contested the ED’s directive requiring their presence in New Delhi.
A bench comprising Justices Bela Trivedi and Satish Chandra Sharma delivered the judgment, which had been reserved on August 13. The Banerjees argued that under the Code of Criminal Procedure (CrPC) 1973, they should only be summoned in Kolkata, where the alleged offence took place. They further contended that the Prevention of Money Laundering Act (PMLA) 2002 does not stipulate specific guidelines for issuing summons, making CrPC provisions applicable.
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The ED, however, maintained that Section 50 of the PMLA differs from Section 160 of the CrPC and that the PMLA’s provisions take precedence. The court sided with the ED, emphasizing the distinct nature of the PMLA in handling money laundering cases.
Representing Abhishek Banerjee was Senior Advocate Kapil Sibal, while Rujira Banerjee’s defence included Senior Advocates Dr Abhishek Manu Singhvi and Gopal Sankaranarayanan. The ED was represented by Additional Solicitor General SV Raju and Advocate Zoheb Hossain.
This ruling marks a significant development in the ongoing investigation into the coal scam, underscoring the judiciary’s stance on the applicability of the PMLA over the CrPC in such cases. The Banerjees are now required to comply with the ED’s summons and appear in New Delhi as directed.
