W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 1 of 60

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 04.02.2022

% Pronounced on : 11.03.2022

+

W.P.(CRL.) 1808/2021 AND CRL.M.As. 14972-73/2021

ABHISHEK BANERJEE & ANR.

..... Petitioners

Through:

Mr. Kapil Sibal, Sr. Adv. with Mr.

Siddharth Aggarwal, Sr. Adv., Mr.

Angad Mehta, Mr. Adit S. Pujari,

Mr. Abhinav Sekhri and Ms. Arshiya

Ghose, Advs.

versus

DIRECTORATE OF ENFORCEMENT

.... Respondent

Through: Mr. Tushar Mehta, SG, Mr. S.V.

Raju, ASG, with Mr. Amit Mahajan,

CGSC with Mr. Kanu Agarwal and

Mr. Kritigya Kumar, Adv.

Reserved on : 11.02.2022

% Pronounced on : 11.03.2022

+

CRL.MC. 2442/2021 AND CRL.M.A. 16069/2021

RUJIRA BANERJEE

..... Petitioner

Through:

Mr. Kapil Sibal, Sr. Adv. with Mr.

Siddharth Aggarwal, Sr. Adv., Mr.

Angad Mehta, Mr. Rupin Bahal, Mr.

Adit S. Pujari and Mr. Abhinav

Sekhri, Advocates.

2022:DHC:904

W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 2 of 60

versus

DIRECTORATE OF ENFORCEMENT

.... Respondent

Through: Mr. Tushar Mehta, SG, Mr. S.V.

Raju, ASG, with Mr. Amit Mahajan,

CGSC, Mr. Kanu Agarwal and Mr.

Kritigya Kumar Kait, Advocates.

Mr. Ajay Digpaul, CGSC and Mr.

Kamal R. Digpaul, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

JUDGMENT

RAJNISH BHATNAGAR, J.

1.

The brief facts of the case are as follows :

a.On 27.11.2020, an FIR/RC was registered by the CBI ACB,

Kolkata bearing No. RC0102020A0022 (“RC”) under Sections

120B and 409 of the Indian Penal Code, 1980 (“IPC”) and

Sections 13(2) read with Section 13(1)(a) of the Prevention of

Corruption Act, 1988 (“PC Act”). The primary allegations in

the RC were that illegal excavation and theft of coal was taking

place in the leasehold areas of Eastern Coalfield Ltd.

(hereinafter referred to as “ECL”) by one Anup Majee @ Lala

with active connivance of certain ECL employees.

b.On 28.11.2020, ECIR bearing No. 17/HIU/2020 (“ECIR”) was

registered. Various Summons(es) were issued to Petitioners No.

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W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 3 of 60

1 and 2 by the Respondent in relation to the ECIR on several

occasions seeking their appearance in New Delhi along with

voluminous documents. Replies were furnished by the

Petitioners to the said Summons(es) which have been annexed

with the Writ Petition.

c.Summons dated 18.08.2021 was issued seeking personal

appearance of Petitioner No. 1 on 06.09.2021. The Petitioner

No. 1 in compliance of the Summons, joined investigation on

06.09.2021. After Petitioner No. 1 was examined by the

respondent, summon dated 06.09.2021 was issued seeking his

personal appearance on 08.09.2021. Reply dated 08.09.2021

was sent by Petitioner No. 1 stating that he had cooperated with

the investigation conducted by the respondent and would

continue to do so. Petitioner No. 1 further stated that he

appeared before the respondent on 06.09.2021 and sought for

four (4) weeks‟ time for the documents sought in the concerned

summon. Petitioner No. 1 also requested that the investigation

qua him be conducted in Kolkata or via video-conferencing as

he is a permanent resident of Kolkata and the Respondent has a

functional Zonal Office at Kolkata.

d.Summon dated 10.09.2021 (hereinafter referred to as the

“Impugned Summons”) were issued seeking personal

appearance of Petitioner No. 1. The Impugned Summons was

served on Petitioner No. 1 on 11.09.2021. However, Petitioner

submits that the news about the Summons having been issued

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W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 4 of 60

to Petitioner No. 1 was put in public domain prior to t