The Look Out Circular was issued in connection with an allegation of money laundering rooted in an alleged coal scam. The court said that Banerjees will be allowed to go abroad after informing the ED of their travel plans.
TMC leader Abhishek Banerjee (File photo)
The Supreme Court on Friday asked the Enforcement Directorate (ED) to withdraw the Look Out Circular (LoC) issued against Trinamool Congress leader Abhishek Banerjee and his wife Rujira Banerjee in connection with the allegation of money laundering rooted in an alleged coal scam.
Directing the ED to withdraw the LoC, a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia said that Banerjees will be allowed to go abroad after informing the ED of their travel plans one week in advance.
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Both Abhishek Banerjee and Rujira Banerjee had approached the top court seeking its nod to travel abroad. In the last hearing of the application by Banerjees, the court had asked the ED if any LoC has been issued against them and why they should not be permitted to travel abroad.
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Additional Solicitor General S.V. Raju appearing for ED informed the court that a LoC was pending and on July 26 Abhishek Banerjee was allowed to go abroad.
Asking ED to recall the LoC, Justice Kaul said, “The problem is if someone goes, you say you can go. The pendency of LoC creates a scenario in which someone is stopped somewhere. This is not done. Your time is wasted, my time is wasted. In criminal cases prosecution has to prove a case beyond reasonable doubt. This principle cannot be changed. There is a Loc, you recall the LoC.”
The top court kept the main issue pending in which Banerjees have assailed the Delhi High Court order refusing to quash ED’s summons asking them to appear before anti- money laundering agency in New Delhi in connection with the coal scam case.
In the main matter relating to whether ED can summon an accused to appear before it in New Delhi while the predicate offence is within the jurisdiction of Kolkata, the bench gave ED six weeks to fille its reply. The bench further gave two weeks to Abhishek Banerjee and Rujira Banerjee to file their rejoinder to ED’s reply.
The court said that the matter will be listed for orders on the completion of the pleadings.
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