TMC Challenges ED’s Freeze on Bank Accounts in Calcutta High Court

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TMC Challenges ED's Freeze on Bank Accounts in Calcutta High Court

The Calcutta High Court has reserved its decision on the Trinamool Congress (TMC)’s request to lift a freeze imposed by the Enforcement Directorate (ED) on three bank accounts. TMC approached the court after the ED froze ₹440 crore in funds amidst an investigation under the Prevention of Money Laundering Act (PMLA).

Representing the TMC, Senior Counsel Abhishek Manu Singhvi argued before Justice Krishna Rao that the ED acted prematurely, aware that another bench of the High Court was set to unfreeze these accounts in a distinct case initiated by the West Bengal Police.

“This is a misuse of authority,” Singhvi asserted, highlighting the blurred lines between government and independent investigations. The ED’s case involves alleged fund transfers to Carewell Aviation India and a related entity between April 2023 and June 2026, purportedly for the acquisition of an aircraft and helicopter.

Previously, the High Court had offered relief to the TMC following a freeze initiated by the West Bengal Police, based on a complaint by rebel TMC MLA Biswanath Das about alleged fund misappropriation. However, the ED’s subsequent action has kept the party from accessing its funds, prompting the current legal challenge.

During the hearing, Additional Solicitor General (ASG) SV Raju pointed out that a civil court has restrained the Mamata Banerjee-led TMC faction from acting on behalf of the party, suggesting this undermines the TMC’s petition.

Countering this, Singhvi argued that government agencies quickly recognized the rebel faction of the TMC. He noted the civil court’s order was issued ex-parte and emphasized that freezing a political party’s accounts in this manner is unprecedented.

Singhvi contended that such actions threaten democratic processes and argued that the TMC’s right to exist should not be obliterated because of political differences.

He further highlighted that the rebel group of TMC MLAs, recognized by the assembly speaker, supports the current government, questioning the implications for democracy in West Bengal.

On the specifics of the case, Singhvi defended the party’s use of chartered flights, noting that payments were made through verifiable banking channels.

Senior Advocate Kishore Datta, also representing the TMC, criticized the ED for initiating money laundering proceedings without a specific predicate offense. He argued that the allegations of “some mis-dealings” are non-specific.

ASG Raju opposed the granting of an interim order, suggesting that TMC could seek remedies through the adjudicating authority and appellate tribunal. He added that the co-ordinate bench’s decision cannot serve as a precedent against the ED’s actions.

An ED representative mentioned that not all TMC accounts were frozen, stating that over ₹164 crore remains in one account. However, Datta questioned this claim, seeking more definitive statements.

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