With no interim relief to the Trinamool Congress (TMC) faction, led by Mamata Banerjee, over the debit freeze of the party’s bank accounts, the Calcutta High Court on Thursday questioned the haste with which the police registered an FIR and ordered the freezing of the Opposition party’s bank accounts.
The single bench of Justice Saugata Bhattacharyya also directed the manager of the HDFC Bank’s Central Plaza branch to disclose the corpus held in those accounts and file an affidavit in this regard by July 8.
The court also directed the Bidhannagar Police to place on record the complaint that led to the registration of the FIR and the investigation so far.
The Mamata Banerjee-led faction had moved the High Court seeking its immediate intervention after three of its party accounts, allegedly containing Rs 440 crore, were frozen by the police.
Following the party’s defeat in the Assembly polls, the rebel group of TMC MLAs and leaders had asked the bank to freeze the party’s accounts, citing “serious dispute” within the organisation.
The rebels also complained to the Cyber Crime unit of Bidhannagar police, seeking a probe into the source of the funds.
A day later, the police registered an FIR and launched an investigation.
Court flags ‘hot haste’ in filing FIR
During the hearing on Thursday, the Bench observed, “What is troubling us is that the complaint, which was lodged on June 18, is omnibus. No specific allegations were mentioned in the FIR. The FIR was registered on June 18, and the next day, the bank froze the account. It is bothering us how this happened in hot haste and what material the agency had.”
Kishore Dutta, the senior counsel for the Mamata Banerjee-led TMC, told the court that the police registered the FIR based on “suspicion”. “They started with three accounts, and now, another five have also been frozen. Based on mere suspicion in a complaint, all transactions have been stopped,” Dutta told the court.
Asking whether it would be proper for it to “go into the veracity of the allegations” while the police are investigating the matter, Justice Saugata Bhattacharyya said, “Let the investigation examine that. When the issue is hazy, it will not be proper for us to look into the veracity of charges. An in-depth analysis of the allegations cannot be examined now. Here, no apprehension is expressed regarding arrest. The issue is with three bank accounts…whether it is appropriate to debit-freeze the accounts during an investigation. The effort of this court is to look into what extent the debit-freeze is needed at this stage.”
The court further enquired, “What will happen if the proceeds of crime are deposited in the account as alleged. What is the option left to the investigation agency? You (petitioner) are saying a debit freeze is not possible, but if allegations are that the proceeds of crime are deposited in the accounts, then what can the agency do? What is the effect of seizing the account but not freezing it?”
Initially, the Bench proposed to appoint special officers, retired judges, to supervise as the Mamata Banerjee-led TMC operates the account.
However, Solicitor General Tushar Mehta, representing the State, requested the court to defer its order for a few days. “This is a seizure, not an attachment. We have conducted an investigation. We will show that the money is being siphoned. I request you to defer the order for a few days,” Mehta said.
When the court observed that the TMC should be permitted to operate the accounts for a few days, the solicitor general said that the question was who could operate the accounts.
State machinery can’t paralyse losing party: Mamata faction
Senior counsel Abhishek Manu Singhvi, also appearing for the petitioner, said, “A losing party cannot be paralysed by the use of state machinery after an immediate FIR. Both factions of TMC can fight in the court.”
“The larger consideration is where a level playing field and a political party under Article 19 are the basis of democracy, can a friendly police force paralyse a running political party by freezing its funds?” he added.
The act of freezing the bank accounts raises the question of fundamental rights violation, he stated before the court.
He claimed that the complaint is vague and devoid of any factual presentation that can lead to an action by the police.
Which is the real TMC: Rebel faction
Senior Advocate Neeraj Kaul, representing the rebel TMC leaders, meanwhile, said the Election Commission would decide who represents the real TMC. “Our objection is that if a faction is trying to route the funds out, then the investigation agency has to look into it. We are asking on whose authority this person is representing the TMC,” Kaul said, questioning the maintainability of the petition. He claimed that the petitioner has no right to claim access to the bank account since a new national committee of the party has been appointed.
“Right now, none of the factions should operate. Let the accounts be frozen. Let them place the corpus. We will place our report. After that, the court may pass an order,” Solicitor General Mehta told the court.
The Calcutta High Court has sought an affidavit on the Trinamool Congress’s bank deposits and the financial transactions in the accounts. (File Photo) 
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