New Delhi, Jan 21 (PTI) The Enforcement Directorate on Friday opposed before the Delhi High Court TMC MP Abhishek Banerjee and his wife's claim that they can only be summoned in Kolkata in connection with the money laundering probe linked to an alleged coal scam in West Bengal.

Additional Solicitor General (ASG) S V Raju told Justice Rajnish Bhatnagar that the case is being probed by the Headquarter Investigative Unit (HIU) of the Enforcement Directorate (ED) which has all-India jurisdiction and the petition challenging the summons for appearance in Delhi last year is untenable.

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“There is no (concept of) territorial jurisdiction. Even by internal guidelines, administrative instructions, there are no territorial fetters as far as the headquarters is concerned... HIU has all-India jurisdiction. If HIU has all-India jurisdiction, they cannot challenge the summons,” the senior lawyer said.

He also objected to the petitioners' claim that they are residents of Kolkata and stated that there is admittedly a Delhi address as Abhishek Banerjee is a Member of Parliament and must be staying here when the Parliament is in session.

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“May be you are a resident for a particular period of time but you are a resident. You flaunt this address on your letter pad, you appear in Delhi,” the ASG stated.

Raju further highlighted that since the power of the agency to investigate has not been questioned and the petitioner has appeared before the agency in Delhi, he has “succumbed” to its jurisdiction.

“He appeared and he has waived that right by acquiescence.. He never protested. He appeared.. he succumbed to the jurisdiction. Having done so, now it doesn't lie in his mouth to say no, now I will not appear,” he contended.

On January 5, the TMC MP, represented by senior advocate Kapil Sibal, had told the court that the ED has no power to summon him to the national capital in connection with the money laundering case

He had contended that it was not his case that there should be no investigation under the money laundering law but the agency should come to Kolkata to interrogate him.

Sibal had stated that the ED, which has a regional office in Kolkata, cannot summon any person to any place in India.

Last year, the ED had argued that the petition by Banerjee and his wife was pre mature and not maintainable.

It had opposed the plea saying money laundering has national and trans-national ramifications and its investigation is not restricted to any police station or area.

In the petition, Banerjee, who is the nephew of West Bengal Chief Minister Mamata Banerjee, and his wife have challenged the September 10 summons issued to them and sought a direction to the ED not to summon them for their appearance in Delhi since they are residents of West Bengal.

The couple, who was asked by the agency to personally appear before it in Delhi on September 21, along with a voluminous set of documents, have contended that they are residents of Kolkata and should not be compelled to join the probe here.

The 33-year-old MP represents the Diamond Harbour seat in Lok Sabha and is the national general secretary of the Trinamool Congress (TMC).

The high court had earlier refused to grant any interim relief to Banerjee and his wife in the matter.

The ED lodged a case under the provisions of the PMLA on the basis of a November 2020 FIR registered by the CBI that alleged a multi-crore coal pilferage scam related to Eastern Coalfields Ltd mines in the state's Kunustoria and Kajora areas in and around Asansol.

Local coal operative Anup Majhi alias Lala is alleged to be the prime suspect in the case.

The ED had claimed that the TMC MP was a beneficiary of funds obtained from this illegal trade. He has denied all charges.

The matter would be heard next on January 28.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)