Kolkata: The Calcutta High Court on Friday directed Trinamool Congress MP Abhishek Banerjee to submit all documents sought by the Enforcement Directorate (ED) from him in connection with its probe into the alleged West Bengal school jobs scam by October 10.
The court directed that the ED will issue summons to Banerjee for appearance before it by giving a 48-hour notice in advance if, upon examining documents and information supplied by him, it is of the opinion that the TMC MP’s presence is necessary.
Observing that the investigation into the scam is pending for almost 19 months and any further delay would be prejudicial for all, the court directed Banerjee to provide documents and information sought by the ED on or before October 10.
“We would expect the entire investigation to be completed by December 31,” a division bench comprising justices Soumen Sen and Uday Kumar said.
Directing Banerjee to cooperate with the ED, the court said the agency will not call him between October 19 and 26, when the Durga Pujas will be held.
The bench observed that the investigation was necessary in view of the enormity of questionable cash transactions in the scam.
“The magnitude of the scam is unfathomable. A fair investigation can only restore trust and faith in the system and it should be the endeavour of all to ensure that the culprits are brought to book and the corrupt are punished,” the bench observed.
Disagreeing with the submission of Banerjee’s counsels that the court is interfering with the investigation, the bench said to unearth the truth, a fair and speedy investigation is required, and it is for that purpose the court is monitoring the investigation.
Holding that the ED has dedicated skilled investigators, the court said it would expect that the probe proceeds in the right direction.
The bench said as a statutory authority, the ED is bound by the procedure laid down in the statutes and must act with utmost probity and with the higher degree of dispassion and fairness.
“The appellant is a Member of Parliament. The disclosures cannot cause any prejudice to him. It is expected that he should cooperate with the investigation,” the court observed.
The TMC MP was called by the ED as a witness and was asked to produce certain documents.
“The summons were issued only to elicit information with regard to the affairs of the company in which admittedly the applicant was the director for almost two years and presently the CEO,” the court said.
The ED said Banerjee is the CEO of ‘Leaps and Bounds’, offices of which were raided by the agency in August.
Banerjee had filed the appeal against orders of Justice Amrita Sinha of the high court alleging that the single judge has assumed the role of a court of inquiry and/or a fact finding commission for the purpose of providing recommendation on alleged incident or offence, claiming that it is a violation of the basic tenets of a court-monitored investigation.
The division bench observed that the single judge in proceeding with the matter will keep in mind that in monitoring the investigation, no adverse remark will be made against any of the persons against whom the investigation is pending.
The bench held that in the instant case, the single judge has not transgressed the jurisdiction.
It directed that information shared or to be shared with the court by the investigating agency are to be kept confidential.
While the CBI is investigating the alleged scam, the ED was subsequently involved to find out the trail of money and money laundering.
Counsel for the ED had submitted before the division bench that the agency is untiringly and diligently pursuing the investigation for the last 19 months and have recovered Rs126 crore and large number of immovable properties have been attached and several persons have been arrested.
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