The Delhi High Court has stayed the two notices issued to the Enforcement Directorate’s (ED) officers by the West Bengal Police pursuant to an FIR lodged by Tinamool MP Abhishek Banerjee.
The court said there was no merit in the preliminary objection raised by the police on the maintainability of the petition filed by the ED and its three officers.
“It is necessary to consider the question of interim relief. It is a settled proposition of law that the three conditions are required to be established for grant of any interim relief: a strong prima facie case, balance of convenience and irreparable injury to the petitioner. In view of the discussions hereinabove, I find that the present case is a fit case for grant of ad-interim relief.
“Therefore, in view of the same, the operation of the notices dated July 22, 2021 and August 21, 2021 passed qua the petitioners in FIR… dated April 5, 2021 registered by the respondents is stayed till further orders,” Justice Rajnish Bhatnagar said, in the order which was passed on December 7 and made available on Saturday.
Next hearing on Feb.
The High Court said the West Bengal government and police may file their response to the petition within a period of four weeks and the petitioners may file a rejoinder affidavit within two weeks thereafter and listed the matter for further hearing on February 18, next year.
The ED has alleged that West Bengal Police is acting at the behest of Mr. Banerjee, who “enjoys clout” in the State government, to derail the probe into an alleged coal pilferage scam.
