High Court Decision Provides Relief for TMC
In a significant development, the Calcutta High Court has granted the Trinamool Congress (TMC) temporary relief by allowing them access to previously frozen bank accounts. This decision comes in response to a complaint by rebel TMC MLA Biswanath Das, alleging misuse of funds. Justice Saugata Bhattacharya, presiding over the case, has appointed retired judge Justice Subrata Talukdar as a special officer to oversee operations until September 30, ensuring funds are used solely for daily expenses and legal costs.
Usage and Supervision of Funds
The Court clarified that TMC is permitted to utilize the funds for routine party operations as outlined in a supplementary affidavit submitted in July. Justice Bhattacharya specified, “The petitioner shall be permitted to operate the bank accounts for incurring day-to-day expenditure to run the political party.” Despite the state’s opposition, the judge allowed the inclusion of legal expenses in these permitted expenditures.
Background and Legal Proceedings
The accounts in question were initially frozen following allegations of fund diversion, a move prompted by complaints from Biswanath Das. TMC has refuted these allegations, labeling them as baseless and politically motivated. The party argues that the freeze has significantly hampered its operations.
Concerns and Court’s Observations
Justice Bhattacharya observed that the complaint filed by Das lacked specific incidents or transactions to justify the alleged fund misappropriation. He acknowledged Das’s concern that allowing TMC access to the accounts might lead to evidence tampering. As a result, the Court found it prudent to appoint a special officer to manage the account operations.
The Court ordered that any two authorized signatories of the accounts could present cheques to the special officer for necessary expenses, which the officer would then countersign before bank presentation. An honorarium of ₹1.25 lakhs per month has been sanctioned for the officer, to be paid from the account funds.
Questions Over Rapid Police Action
Justice Bhattacharya expressed skepticism over the swift enforcement of the account freeze, noting the FIR was filed on June 18 at 6 PM, and the accounts were frozen the following day. The judge remarked on the unusual speed, contrasting it with typical police responsiveness.
Solicitor General Tushar Mehta, representing the State, defended the action as a measure to protect public funds. However, the judge indicated that the materials justifying such rapid action were not apparent at this stage.
Internal Party Disputes and Judicial Scope
The case also touched on internal disputes within TMC, with rival factions claiming legitimacy. While the Election Commission of India is handling these disputes, the Court maintained its focus on the financial matter at hand, opting not to delve into the party’s leadership issues.
Allegations of Opportunism
The Court criticized Das for not raising the concerns before the May 4 election results, suggesting his actions were opportunistic. Senior Advocate K Parameshwar, representing Das, argued that the complaint followed the detection of financial irregularities. However, the judge remained unconvinced, noting the complaint seemed intended to freeze the accounts.
The case continues to unfold, with Solicitor General Tushar Mehta, Senior Advocate Neeraj Kishan Kaul representing Das, and Senior Advocates Kishore Datta and AM Singhvi representing TMC.
