West Bengal Coal Scam Case: Delhi High Court Dismisses Plea By TMC MP Abhishek Banerjee, His Wife Seeking Quashing Of Summons
Live LawThe Delhi High Court on Friday dismissed the plea by All India Trinamool Congress MP Abhishek Banerjee and his wife seeking quashing of summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.Justice Rajnish Bhatnagar also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the complaint filed by Enforcement Directorate against her in the. The Delhi High Court on Friday dismissed the plea by All India Trinamool Congress MP Abhishek Banerjee and his wife seeking quashing of summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case. - Therefore, undoubtedly the judgment of the Hon'ble Supreme Court in Ashok Munilal Jain is a binding authority as far as the applicability of Section 167 of the CrPC is concerned however, the ratio of the said judgment would not carry the case of the Petitioners any further in view of the fact that Section 50 of the PMLA and Section 160 of the CrPC operate in the same field and have inconsistencies between them as pointed out above. - If the proviso to Section 160 CrPC is made applicable to Section 50 of the PMLA, the said provision may become unworkable as often women would have to be summoned in order to carry out the functions vested under the Act over and beyond the investigative powers under the Act.