The Supreme Court on Thursday declined to entertain a plea filed by the Mamata Banerjee-led Trinamool Congress (TMC) challenging the freezing of four of its bank accounts by the West Bengal Police following a complaint by a member of the party’s rebel faction.
A Bench of Justice MM Sundresh and Justice PB Varale refrained from examining the merits of the matter and instead requested the Calcutta High Court to expedite proceedings concerning the accounts.
The Court noted that the Election Commission of India (ECI) had passed an interim order freezing the party symbol, and that the larger dispute over which TMC faction would be entitled to operate the funds lying in the accounts was pending.
The Bench declined to examine the merits of the case or exercise its discretionary jurisdiction under Article 136, instead requesting the High Court to expedite the hearing.
Senior Advocate Abhishek Manu Singhvi, appearing for TMC, alleged that the State police had frozen the party’s accounts because of its opposition to the party and that the action was hampering its political activities.
He also submitted that the High Court had conflated the four accounts involved in the present case with three HDFC Bank accounts that had earlier been frozen by the Enforcement Directorate (ED) in a money-laundering investigation.
Singhvi argued that freezing its four Indian Bank accounts halted its routine operations, emphasizing that these accounts were strictly used for day-to-day expenses rather than political activities.
The Bench suggested that the court-appointed administrator could be asked to deal with the four accounts as well. Singhvi agreed to the suggestion.
He further submitted that the TMC requires around Rs 12.15 crore per month to sustain its operations, stating that the amount was necessary for expenses beyond election-related and legal expenditure.
Solicitor General Tushar Mehta, however, highlighted the ongoing dispute within the party and urged the Court to allow the ECI to take a decision.
He submitted that the police investigation was initiated after a complaint alleging that a person associated with the TMC had deposited Rs 35 crore in cash into the accounts. Mehta said the investigation was also examining allegations concerning the conversion and sale of government land during an earlier regime.
Senior Advocate K Parameshwar, appearing for the complainant, submitted that day-to-day expenses had already been permitted.
Singhvi countered that the ECI proceedings concerned only the party symbol and not the bank accounts. He also objected to the reference to the alleged cash deposits, arguing that money-laundering allegations were not the subject matter of the present proceedings.
The Supreme Court, however, declined to pass any order and directed that the matter be pursued before the Calcutta High Court.
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