New Delhi, Feb 4 (PTI) PMLA has no concept of local jurisdiction as it provides for a pan-India probe, the Enforcement Directorate argued on Friday before the Delhi High Court which reserved order on the petition by TMC MP Abhishek Banerjee and his wife against the summons to appear in Delhi in connection with the money laundering probe linked to an alleged coal scam in West Bengal.
“We shall conclude this case today. This judgement, I’m reserving,” said Justice Rajnish Bhatnagar after hearing Solicitor General Tushar Mehta for the ED, and senior advocate Kapil Sibal on behalf of the petitioners.
Banerjee, who is the nephew of West Bengal Chief Minister Mamata Banerjee, and his wife Rujira have challenged the September 10 summons issued to them and sought a direction to the ED not to summon them for appearance in Delhi since they are residents of West Bengal.
The judge said that Rujira Banerjee’s petition challenging the ED complaint filed in the case, the trial court order taking cognizance of that complaint and the subsequent issuance of summons for physical appearance, will be heard on February 11.
Mehta argued that the ED’s jurisdiction of probe was “not confined to one area, police station or State” as the offences under the Prevention of Money Laundering Act (PMLA) often have “cross border implications”.
“The concept of local jurisdiction, concept of police station, officer in charge of police station is avoided by the legislature while enacting PMLA. It is clear from section 71,” he said.
“This is a very peculiar type of offence. We have filed a complaint (in the case) which is like a charge sheet… Money was transferred to Delhi and thereafter transferred to Bangkok. Subject matter of the crime has also travelled to Delhi. It can’t be now said that I can’t be called to Delhi,” Mehta stated.
Sibal argued however that the investigating agency has failed to show the provision of law granting it specific power to summon the petitioners to the national capital.
Last month, he had contended that the ED lacked the power to summon the petitioners to Delhi in connection with the money laundering case.
He had clarified that it was not his case that there should be no investigation under the money laundering law but the ED should go to Kolkata to interrogate.
Sibal had stated that the ED, which has a regional office in Kolkata, cannot summon any person to any place in India.
Additional Solicitor General S V Raju, appearing for the ED, had argued that the case was being probed by the Headquarter Investigative Unit (HIU) of ED which has an all-India jurisdiction and the a challenge to the summons issued for appearance in Delhi last year was untenable.
He had also objected to the petitioners’ claim that they are residents of Kolkata and stated that there was admittedly a Delhi address as Abhishek Banerjee is a Member of Parliament and must be staying here when the Parliament is in session.
Raju had also highlighted that since the power of the agency to investigate has not been questioned and the petitioner appeared before the agency in Delhi last year, he has “succumbed” to its jurisdiction.
The couple, who was asked by the agency to personally appear before it in Delhi on September 21, along with a voluminous set of documents, have contended in the petition that they are residents of Kolkata and should not be compelled to join the probe here.
The 34-year-old MP represents the Diamond Harbour seat in Lok Sabha and is the national general secretary of the Trinamool Congress (TMC). The high court had earlier refused to grant any interim relief to Banerjee and his wife in the matter.
The ED lodged a case under the provisions of the PMLA on the basis of a November 2020 FIR registered by the CBI that alleged a multi-crore coal pilferage scam related to Eastern Coalfields Ltd mines in the state’s Kunustoria and Kajora areas in and around Asansol.
Local coal operative Anup Majhi alias Lala is alleged to be the prime suspect in the case.
The ED had claimed that the TMC MP was a beneficiary of funds obtained from this illegal trade. He has denied all charges. PTI ADS SA
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