ED plea against Calcutta HC guidelines on Bengal scams probe dismissed

ED plea against Calcutta HC guidelines on Bengal scams probe dismissed

The Supreme Court on Thursday rejected the plea filed by the Enforcement Directorate (ED) challenging the guidelines established by the Calcutta High Court pertaining to the release of information regarding raids and search operations conducted by the probe agency in connection with alleged scams in West Bengal.

A Bench headed by Justice Hrishikesh Roy, along with Justice Prashant Kumar Mishra, informed Additional Solicitor General (ASG) SV Raju, representing the ED, that the court would not issue any interim orders to stay the guidelines imposed by the High Court. 

"Mr. Raju, if you want to withdraw the plea, you withdraw it. Otherwise, we will dismiss it," stated the Bench. Sensing the reluctance of the apex court to entertain the petition, ASG Raju opted to withdraw it, leading to the court's decision.

The Calcutta High Court had set forth these guidelines after Rujira Narula Banerjee, the wife of Trinamool Congress national general secretary Abhishek Banerjee, contended that ED officials were leaking information related to the investigation to tarnish her character and damage her family's reputation.

The order issued by a bench of Justice Sabyasachi Bhattacharya of the Calcutta High Court emphasized that investigating agencies, particularly the ED, should refrain from involving or being accompanied by media personnel during their raids, interrogations, and search and seizure procedures. 

The court highlighted that such actions compromise the fair trial and privacy of the individuals under investigation, leading to presumptions of guilt or involvement before being established through due legal processes before a competent court.

Moreover, the High Court directed the media to exercise restraint by refraining from publishing photographs of the accused before the final charge sheet is filed in the matter. This directive aims to prevent potential prejudice and uphold the principles of fair trial until legal proceedings reach a more advanced stage.

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