Coal Scam Case: SC directs ED to withdraw the LOC issued against Abhishek Banerjee and his wife, allowing them to travel abroad for medical treatment

Today, the Supreme Court (SC) bench was hearing an application filed by the Trinamool Congress MP Abhishek Banerjee and Rujira Banerjee (his wife) in connection with the money laundering allegations over the coal scam. They filed an application before a two-judge bench of SC including Justices SK Kaul and Sudhanshu Dhulia seeking to travel abroad for medical treatment. The bench directed the ED (Directorate of Enforcement) to withdraw the LOC (Look Out Circular) issued against the Banerjees in relation to the coal scam. In context with this, ED told the bench that if the petitioners inform regarding their travel plans one week in advance then only they will be allowed to travel abroad. 

During the Court proceedings in the SC today, the Additional Solicitor General appearing for ED, SV Raju, told the bench that on July 26, Banerjee was allowed to travel abroad. In response to this, Senior Advocate appearing for applicants, Kapil Sibal, said, “That’s very kind. So that means there is no LOC?” ASG responded negatively whereas 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.”

The arguments further continued, ASG Raju tried to convince the Court that LOC is required using different instances, Justice SK Kaul mentioned, “There will always be incidents.” Following this, a two-judge bench passed the order that reads, “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 traveling abroad, necessary orders will be issued. In any case, the LOC shall stand withdrawn.”

Further, the SC moved to the main petition seeking the quashing of the summons issued to the Banerjees for appearance and interrogation regarding the coal scam case. The first issue was whether the petitioner can be summoned by the ED to Delhi when the predicate offence was within the jurisdiction of Kolkata. The second issue was regarding the summoning of women to the ED office under Section 160 CrPC. The SC bench ordered, “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.” Earlier in 2022, the bench ordered to summon Banerjees at Kolkata rather than Delhi for interrogation.

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