Calcutta High Court Criticizes Swift Action in Freezing TMC Bank Accounts

thelawmonitor
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Calcutta High Court Criticizes Swift Action in Freezing TMC Bank Accounts

The Calcutta High Court has raised serious questions regarding the rapidity with which the All India Trinamool Congress’ (TMC) bank accounts were frozen by the West Bengal Police. On Thursday, Justice Saugata Bhattacharya requested a detailed report on the funds currently held in these accounts.

Justice Bhattacharya expressed concerns over the speed of the police action, noting, “The FIR was lodged at 18:00 hours, and by the next day, the bank informed the petitioner (TMC) that the accounts were debit frozen. It crosses the Court’s mind as to why this was executed in such hot haste.” The matter was brought before the court through a petition by TMC, challenging the freezing of their accounts following allegations of fund misappropriation.

The accounts were frozen by the Bidhannagar Police based on a complaint alleging fund diversion. During the hearing, the court suggested a possible de-freezing of the accounts, subject to them being managed under the supervision of special officers appointed by the court. Justice Bhattacharya noted that these officers, possibly retired High Court judges, could ensure the accounts are used solely for routine expenses, allowing the police investigation into the alleged fund siphoning to continue.

Solicitor General Tushar Mehta, representing the police, urged the court to delay any interim order. Mehta requested time to present the investigation materials, which he claimed might be revealing. Senior Advocate Neeraj Kishan Kaul, who represents a dissident TMC MLA and the complainant, supported Mehta’s request. Kaul also questioned the legitimacy of the petition, given the internal divisions within the TMC, arguing the petitioner’s standing was yet to be verified.

Countering this, Senior Advocates Kishore Datta and AM Singhvi, representing TMC, argued passionately for interim relief. They questioned the legality of the police’s ability to immobilize a political party by freezing its financial resources. Datta argued the police action exceeded the powers granted under Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), while Singhvi suggested the actions were politically motivated.

Justice Bhattacharya noted concerns over the “hot haste” in freezing the accounts, questioning the timing and specifics of the complaint lodged on June 18, 2026. He observed that the complaint seemed vague, lacking specific incidents or accused individuals.

Ultimately, the court did not order an immediate de-freezing of the TMC accounts but requested a report on the funds in the frozen accounts by July 7, with the next hearing scheduled for July 8.

The TMC is currently facing internal strife following its recent electoral defeat. The account freeze stems from a complaint by rebel TMC MLA Biswanath Das, who alleged financial fraud. TMC, however, contends that the complaint is unfounded, pointing out that Das himself accepted ₹25 lakh from the same accounts. In their plea, TMC claims the police acted without proper inquiry, severely hampering party operations.

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