Kolkata, Jul 13 The Mamata Banerjee-faction of the Trinamool Congress on Monday moved the Calcutta High Court seeking permission to operate three of the party's bank accounts frozen by the Enforcement Directorate (ED).
The ED has frozen the three bank accounts of the Trinamool Congress with balances amounting to Rs 440.42 crore in connection with its probe based on an FIR lodged by Bidhannagar police in alleged dishonest financial dealings, unlawful collection of money, and routing of suspected funds through certain bank accounts of the TMC.
Justice Krishna Rao reserved interim order on the prayer after arguments by the parties in the matter were concluded.
Appearing for the ED, Additional Solicitor General S V Raju questioned the maintainability of the petition, claiming that those who moved the petition have no authority to do so.
The TMC's lawyer stated that the signatories have the authority to file the petition on behalf of the TMC.
Representing the TMC, senior advocate Abhishek Manu Singhvi stated before the court that the party's constitution authorises the working committee to authorise anybody to conduct such matters.
The ED's lawyer stated that a civil court order restrained them from representing the party.
Raju stated that the authorisation is undated while the ex-parte order of the civil court Judge at Alipore here was passed on July 7.
Singhvi stated before the court that there is no question of suppression as the civil court order was passed ex parte and the Mamata Banerjee-led faction was not represented before it.
He stated that the freezing of the bank accounts of the party was done when the opposing faction was yet to be recognised either as the TMC or as the symbol-holding party by the Election Commission of India.
Singhvi argued that the ECI alone has the jurisdiction of recognising a political party, claiming that the state police and the ED are de facto recognising the opposing faction led by Ritabrata Banerjee as the only TMC.
Maintaining that the difference of vote share between the winning and losing parties in the West Bengal assembly election was only five per cent, he stated that losing the polls does not mean that the party's right to exist is obliterated.
Justice Rao asked whether the civil court can take the power of the ECI by recognising one of the groups to be a committee or a member of the committee.
Raju stated that the petitioners are not authorised to file the petition and accused the petitioners of suppressing the civil court order.
He stated that the purpose of the PMLA is to prevent money laundering and releasing the funds by the court would defeat the purpose of the investigation into the bank accounts.
Raju stated that property can be seized by the ED to prevent money laundering and that is what the agency has done in this case.
