Calcutta High Court Allows TMC Conditional Operation of Frozen Bank Accounts, 3 former TMC MPs Join BJP
Manas Dasgupta
NEW DELHI, July 9: In a relief to the former West Bengal ruling party Trinamool Congress, the Calcutta High Court has permitted temporary operation of its three frozen bank accounts but with conditions after observing that the material relied upon by the police to freeze the accounts was not convincing at this stage of the investigation.
Justice Saugata Bhattacharyya’s single-judge bench at the same time made it clear that the accounts can be used only for the party’s routine day-to-day expenses. To ensure compliance with its directions, the High Court appointed former Calcutta High Court judge Justice Subrata Talukdar as the special officer to oversee all transactions. The interim arrangement will remain in force until September 30.
The court also questioned the urgency with which the police froze the accounts immediately after the FIR was registered. “Why was there such haste in freezing the accounts?” the bench asked, noting that the FIR was lodged on June 18 and the accounts were frozen the very next day.
At this preliminary stage, the court said it had not found any substantial material or evidence justifying such an immediate action. It also remarked that such promptness is rarely witnessed when ordinary citizens approach the police with complaints.
While allowing the accounts to operate, the High Court imposed strict safeguards. The TMC will be permitted to withdraw funds only for its routine operational and administrative expenses. No withdrawals will be allowed for any other purpose. Before any cheque is presented to the bank, it must bear the signatures of two authorised TMC office-bearers. In addition, every cheque must be countersigned by the special officer.
Senior advocate Abhishek Manu Singhvi appearing for the TMC, argued that freezing the accounts had effectively paralysed the functioning of a recognised political party, amounting to a violation of its constitutional rights.
Singhvi submitted that the complaint contained no specific allegations against the party and emphasised that all party funds were maintained in accordance with the Election Commission’s regulations and the provisions of the Income Tax Act.
Appearing for the West Bengal Police, Solicitor General Tushar Mehta defended the decision to freeze the accounts, arguing that investigators were empowered to do so in order to prevent funds from being diverted or dissipated during an ongoing investigation.
Meanwhile, counsel for the complainant, Neeraj Kishan Kaul, contended that his client represented the “real” Trinamool Congress and therefore the disputed accounts ought to remain protected. The High Court clarified that allowing the temporary operation of the accounts should not be construed as recognising either faction as the “real” Trinamool Congress. The bench observed that the dispute over the party’s identity is already pending before the Election Commission, which alone was competent to decide the issue.
Meanwhile, three former TMC Rajya Sabha members, who had resigned both from the party and the upper house last month after the party’s rout in the State Assembly elections, on Thursday formally joined the BJP. The trio
Sushmita Dev, Sukhendu Sekhar Ray and Prakash Chik Baraik were welcomed into the party by the BJP West Bengal unit president Samik Bhattacharya at a function in the saffron party’s headquarter in Kolkata. Briefing the media, the former union minister said the three ex-Rajya Sabha members would strengthen the BJP, which is now in power in West Bengal. He said the entire BJP, including Chief Minister Suvendu Adhikari, was delighted by their joining and the party was welcoming them “wholeheartedly and with great happiness.”
He also attacked the TMC and the Left alliance, and accused them of stalling development in West Bengal. Instead of ‘cooperating with the Centre’, the two adopted a path of ‘confrontation’ and rejected the federal structure of the country, the state BJP president said.
“Against this backdrop, and placing their faith in the leadership of Narendra Modi, three Members of Parliament resigned from the Trinamool Congress. Today, these three — Sushmita Dev, Prakash Chik Baraik and Sukhendu Sekhar Roy — have joined the Bharatiya Janata Party… These three MPs are stalwarts whose performance in the Rajya Sabha is well-known to everyone,” Bhattacharya said.
On her rebellion, Dev refused to comment on the former chief minister Mamata Banerjee, but said she did not want to be “part of two boats at the same time”. On Thursday, she said she has not joined the BJP for a Rajya Sabha seat. Sekhar said the TMC was rejected by the people of West Bengal because of the “rampant corruption and extreme oppression of women.” After joining the BJP, Ray said Mamata was finished and her party was over, and so further discussion on this was futile, while lauding out Prime Minister Narendra Modi’s ‘Viksit Bharat’ vision.
