In its detailed rejoinder, seen by ET, ED has submitted that “it is most unusual for officials of the rank of commissioner of police of a major city and DGP to visit the site of search, obstruct the discharge of functions and assist in the forcible removal of evidence at the instance of the CM”.
As regards Banerjee’s claim that she politely requested the ED officers that she be allowed to retrieve the devices, ED has said that “nothing can be further from the truth”. Seeking registration of an FIR against Banerjee and top officials and handing over the probe to CBI, ED has submitted that “state police officials actively abetted the leader of a political party in brazen interference of search action in commission of several cognizable offences”.
The rejoinder adds “protectors of law have taken the law into their own hands and committed several cognizable offences”. ED alleged that when it approached Calcutta HC, Banerjee and her party members through WhatsApp messages and other channels mobilised a large gathering of lawyers, created a ruckus during proceedings and made the environment non-conducive for judicial proceedings.
“Every litigant has a right to fair hearing before a court of law. By using local influence and support to create a hostile and unconducive environment for hearing…Banerjee and others have deprived ED of their fundamental right to a fair hearing of the case,” the rejoinder adds.
ED has submitted that the contention of the state government that there is no violation of fundamental rights is “completely misplaced”. The agency has said that the matter relates to “blatant abuse of power by functionaries of state government and commission of criminal offences by Banerjee and state officials”.
The accused have no right to be heard prior to the stage of registration of an FIR and even at the stage of investigation, the rejoinder adds.
ED submitted that police “assisted the highest functionary of the state government to forcibly enter a premise where active statutory search was ongoing and commit theft of incriminating material”. ED has “denied” the CM’s claim that she was permitted by ED officials to take away documents and digital devices. ED said DGP and commissioner have maintained “selective silence” in their affidavit as to what Banerjee did.
