News Analysis India

Tag: Coal Scam Case

  • Coal scam: Delhi court issues non-bailable warrant against TMC youth leader Vinay Mishra

    By PTI

    NEW DELHI: A Delhi Court has issued a non-bailable warrant (NBW) against TMC youth leader Vinay Mishra in a money laundering case related to the alleged coal pilferage scam in Asansol, West Bengal.

    According to the Enforcement Directorate (ED), the case relates to Eastern Coalfields’ mines at Kunustoria and Kajora areas in and around Asansol, and also involves TMC MP Abhishek Banerjee and his wife Rujira Banerjee.

    Chief Metropolitan Magistrate Pankaj Sharma passed the order against Mishra on October 11, on an application moved by the ED.

    “Accused Vinay Mishra is intentionally not appearing before the court, accordingly, NBWs be issued against him,” the judge said.

    ED’s special public prosecutor Nitesh Rana told the court that Mishra evaded the summons issued by department.

    The court also noted that the accused himself did not chose to appear before it and was rather trying to pre-empt the proceedings through intervention of his wife by filing application challenging the legality of the proceedings.

    It held that accused’s wife, Neha Mishra, had no locus in the present proceedings.

    Neha, through an application, had submitted that the accused surrendered his nationality and had been admitted to nationality of Dubai and it was in the knowledge of the department; despite this, summons were served upon the family members at Kolkata address.

    Rana submitted before the court that as a part of the investigation some incriminating material was available against Vinay Mishra in respect of laundering of crime proceeds and the authorized officer summoned him on four occasions, but he failed to appear.

    Recently the Delhi High Court exempted Rujira from personal appearance before the court.

    Rujira recently had challenged a Delhi Court order directing her to appear before it, in connection with the case.

    Abhishek Banerjee and his wife Rujira had earlier approached the Delhi High Court seeking quashing of summons issued to them by the ED for questioning in the case linked to an alleged coal scam in West Bengal, saying they are residents of Kolkata and should not be compelled to join the probe in the national capital.

    The ED has lodged the case under the provisions of the Prevention of Money Laundering Act on the basis of a November 2020 FIR registered by the CBI that alleged a multi-crore coal pilferage scam.

  • Coal Scam: Delhi High Court exempts physical presence of Rujira Banerjee before trial court in ED case

    By PTI

    NEW DELHI: The Delhi High Court Monday exempted for the time being the physical appearance of Trinamool Congress MP Abhishek Banerjee’s wife Rujira Banerjee before a trial court in connection with a money laundering case linked to an alleged coal scam in West Bengal.

    The trial court in Delhi had directed her to appear before it personally on October 12. The high court said it will hear on October 29, the plea filed by Rujira Banerjee challenging the Enforcement Directorate’s complaint filed in the case, the trial court order taking cognizance of that complaint and the subsequent issuance of a summons for physical appearance.

    Justice Yogesh Khanna granted Rujira Banerjee’s exemption from personal appeaCoal scamrance for the time being after Solicitor General Tushar Mehta, representing the Enforcement Directorate, urged the court to take up her plea for hearing after the Dussehra break.

    “Till then, the lady client (Rujira) may not appear in person,” said the Solicitor General. Senior advocate Kapil Sibal, appearing for Rujira Banerjee, prayed that her client be allowed to appear through her lawyer before the trial court.

    “List on October 29. Meanwhile, the petitioner will appear before the trial court through counsel,” the judge ordered.

    On September 30, after she appeared virtually in relation to the complaint filed by the Enforcement Directorate (ED), Chief Metropolitan Magistrate Pankaj Sharma directed her physical presence on October 12, while granting her exemption from the personal appearance for the day.

    Rujira Banerjee has contended that the Enforcement Directorate (ED)’s complaint against her is arbitrary, false, vexatious and an abuse of the process of law.

    The complaint has been filed to harass and cause prejudice to her and her family, the petition contended.

    “A bare perusal of the impugned complaint confirms that the respondent agency (ED) falsely averred that petitioner had not complied with its illegal summonses (issued by ED). Owing to the fact that she is a mother of two young children and a resident of Kolkata, the petitioner has repeatedly requested that she be examined at her residence in Kolkata.

    “The fact that the petitioner was in constant dialogue with the respondent in relation to the aforementioned summons clearly shows that there was no intention on the part of the petitioner to disobey the same,” the petition said.

    It further argued that the trial court took cognizance and issued a summons on the complaint in a mechanical manner and without application of mind.

    “The Ld. CMM failed to appreciate that not only were the notices in question illegal and in excess of jurisdiction, but furthermore the mode of service i.e., email to a third party, of summons dated 18.08.2021 at the first instance is contrary to law and cannot be held against the Petitioner,” it said.

    The couple has already approached the high court for quashing of summons issued to them by the ED for questioning in the case.

    On September 21, the court had refused to grant any interim relief in relation to the ED summons.

    The 33-year-old MP, who is the nephew of West Bengal Chief Minister Mamta Banerjee, represents the Diamond Harbour seat in Lok Sabha and is the national general secretary of the Trinamool Congress (TMC).

    The ED lodged a case under the provisions of the Prevention of Money Laundering Act 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 earlier claimed that Abhishek Banerjee was a beneficiary of funds obtained from this illegal trade. He has denied all charges.

  • Delhi court dismisses West Bengal cop Ashok Mishra’s bail plea in coal scam

    By PTI
    NEW DELHI: A Delhi court has denied bail to West Bengal police officer Ashok Kumar Mishra, arrested in connection with the coal pilferage related money laundering case, saying his job was to prevent the illegal activities but it appears that he himself became a part of illegal coal mafia.

    Mishra, the inspector-in-charge of the Bankura police station, was arrested on April 3 by the Enforcement Directorate.

    The bail application was dismissed by Special Judge Virender Bhat who had heard arguments through video conferencing.

    The judge in the order passed on May 22 observed that the material collected during the investigation in the case so far, prima-facie showed involvement of the accused in the offence of money laundering to the tune of more than 100 crores of rupees.

    “At the time of commission of offence, he was posted as Inspector-In-charge Bankuna Police Station. His job was to prevent the illegal activities but it appears that he himself became a part of illegal coal mafia. The allegations against him are very serious in nature,” the judge said and declined to accept the arguments of senior advocate Siddharth Luthra, who represented Mishra.

    ED’s Special Public Prosecutors Amit Mahajan and Nitesh Rana opposed the plea saying that the accused had received Rs 168 crore from Anoop Majee alias Lala which he was stated to have transferred to Delhi and Overseas.

    Majee is alleged to be the kingpin in the West Bengal coal scam cases.