Delhi HC Upholds Summons for W. Bengal Law Minister in Coal Smuggling Case

The Delhi High Court declined to dismiss the summonses issued against West Bengal Law Minister Moloy Ghatak in connection to an alleged coal smuggling case. Ghatak had challenged these summonses through a plea, requesting the Enforcement Directorate (ED) to refrain from further summoning him to New Delhi.

Justice Swarna Kanta Sharma’s bench, in its ruling on Friday, highlighted Ghatak’s absence during eleven out of twelve summons by the Directorate of Enforcement, questioning his non-appearance. Given these circumstances, the court deemed it inappropriate to consider relief for Ghatak at this stage.

However, the court directed the ED to summon Ghatak, aged around 67 years, to their Kolkata office with a 24-hour notice in the ongoing case. Additionally, notices were ordered to be sent to the Kolkata Commissioner of Police and the Chief Secretary of West Bengal to ensure adequate police protection and avoid any obstruction during the interrogation by the ED officers.

Acknowledging Ghatak’s position as the Law Minister of West Bengal, the court stressed his responsibility to ensure the safety of the ED officers examining him in Kolkata, as the relief was granted at his request.

The Enforcement Directorate had repeatedly called Ghatak to New Delhi concerning the coal smuggling case. Ghatak, in his plea, alleged malicious intent behind these summons, asserting his permanent residency in Asansol, West Bengal, his role as a Member of the West Bengal Legislative Assembly, and his service as the Cabinet Law Minister in the state government.

His plea argued that the ED’s actions aimed to fabricate a false case by dragging him to New Delhi, despite their functional office in Kolkata, where various investigative activities had already taken place. Ghatak expressed willingness to cooperate and urged for interrogation at the Kolkata Zonal Office of the ED.