NEW DELHI: The Supreme Court on Friday ordered the Directorate of Enforcement (ED) today to quash the Look Out Circular (LOC) that was issued against Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee in connection with allegations of money laundering over an alleged coal scam.
A bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia passed the direction in response to an application filed by the Banerjees seeking to travel abroad for medical treatment.
In response to a query, the ED told the Court that the petitioners will be allowed to travel abroad if they inform about their travel plans one week in advance.
During the last hearing, the Supreme Court had directed the enforcement agency to reply as to why the applicants could not be permitted to travel and also whether there were any LOCs issued against them.
It was also informed in the court that Rujir was stopped at the airport on June 5 because of the LOC when she wanted to travel abroad.
On Friday, Additional Solicitor General SV Raju, the counsel for the ED, informed the court that there was already an instance when Abhishek Banerjee had been allowed to travel on July 26.
Appearing for the applicants, Senior Advocate Kapil Sibal then asked if it meant that there was no LOC.
To that however, the ASG replied in the negative and said that certain apprehensions meant that there was a pending LOC that existed.
Hearing this, 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."
When ASG Raju spoke about "instances" which required for the LOC to remain, Justice Kaul said, "There will always be incidents."
The bench then dictated the order: "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 travelling abroad, necessary orders will be issued. In any case, the LOC shall stand withdrawn".
Having disposed of the LOC matter, the bench moved on to the the main petition, which challenges the Delhi High Court order refusing to quash summons issued to the Banerjees requiring their appearance in New Delhi for interrogation in connection to coal scam case. The Supreme Court had decided to keep the matter pending.
The first issue raised in the main petition questioned whether the ED can summon the petitioners to Delhi when the predicate offence is said to have occurred within the Kolkata jurisdiction. The secondary issue is the question on whether a woman can be summoned to the ED office in view of Section 160 CrPC.
In 2022, the Apex Court kept in abeyance the effect and operation of the said order and directed the agency to interrogate the Banerjees at Kolkata instead of Delhi.
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