HC seeks stand of NewsClick and editor on ED’s plea against protection from ‘coercive action’

Issuing a notice to the platform and Purkayastha, a single-judge bench of Justice Saurabh Banerjee said, “Prima facie, in the opinion of this court, the above contentions raised by the ED have merit and require deliberation.” The matter is now listed for September 6.

The ED has sought vacation of the interim orders on the ground that it has “unearthed additional material” that it said revealed the “commission of the offence of money laundering as well as scheduled offences by the petitioner”.

Hossain submitted that the vacation application be kept on a separate date as the NewsClick’s petition “has become infructuous”. “Other petitions may be argued by them and they may make out a case but they can’t on the basis of this petition piggyback the other petitions,” he said.

NewsClick’s counsel said that the “entire conspectus of facts has to be seen together” and that for the past “four-five dates, the ED had been taking adjournments and there is no urgency in this matter”.

Hossain, however, said that there was “grave urgency” as the case pertained to a “criminal conspiracy for paid news by Rs 38 crores, which has come in violation of laws”.

In its application for vacating the interim orders, the ED has said the Supreme Court had deprecated the practice of “blanket no-coercive action” orders and that such orders during the course of investigation amounted to granting anticipatory bail to the accused.

“Since ECIR can no longer be provided to the accused and as for grant of anticipatory bail, the twin conditions of Section 45 (PMLA) are required to be complied (with), the continuation of interim protection to the accused petitioner virtually amounts to grant of anticipatory bail in a PMLA case without satisfaction of the twin conditions. Therefore, the orders dated 21.06.2021 and 29.07.2021 granting interim protection must be vacated at the earliest in view of the settled position of law,” the application said.