New Delhi: The Supreme Court Friday said that TMC MP Abhishek Banerjee and his wife Rujira Banerjee can travel abroad after informing the Enforcement Directorate (ED) a week in advance. The apex court passed the order after the ED informed the apex court look-out-circular (LOC) against the couple stands withdrawn.
A bench headed by Justice S K Kaul and Sudhanshu Dhulia noted, in the court’s order, that additional solicitor general (ASG) SV Raju, representing the ED, states that permission have been granted from time to time for the couple to travel abroad. “ASG in usual fairness states that if petitioner informs one week in advance necessary orders will be issued. In any case, the LOC shall stand withdrawn”.
Raju argued before the bench that they are very influential. The bench replied that “you are more influential….”. The bench said that it is up to prosecution to prove a case beyond reasonable doubt. Senior advocate Kapil Sibal, representing the couple, said in June Banerjee’s wife was stopped. At this juncture, justice Kaul said let them intimate you in advance and questioned Raju, “but how can a Look out circular be issued like this?”
On July 24, the Supreme Court orally remarked that travelling abroad is also a right unless there is reason to believe that the accused will abscond, while directing the ED to inform it about whether a look-out-circular (LOC) has been issued against TMC MP Abhishek Banerjee and his wife Rujira Banerjee in relation to money laundering cases linked to an alleged coal scam in West Bengal.
The top court had queried the ED on whether there was a need to issue a look-out-circular (LOC) against Banerjee.
The bench pointed out that when central agencies issue LOCs to restrict travel unnecessarily, it leads to multiplicity of proceedings and asked Additional Solicitor General S V Raju, representing the ED, to furnish the information, while it was hearing a plea by Banerjee and his wife to travel abroad.
The bench noted that investigation is pending, "you call him as and when required and on what basis have you issued a look out notice against them?"
Senior advocate Kapil Sibal, representing the couple, had contended that the TMC MP is slated to travel abroad later this month for medical reasons and stressed that they travelled abroad earlier and returned, which did not create any problem in the investigation.
The bench asked the ED counsel that since they have been out of the country for medical treatment, why should they not be permitted to travel abroad again?
Raju said he would need to take instructions in the matter and the apex court adjourned the case till Friday. Banerjee’s wife was allegedly stopped from boarding a UAE-bound flight on June 5 citing a LOC by ED, which asked her to appear before the agency.
