‘No prima facie case’: HC rejects plea of Mamata Banerjee faction to operate TMC accounts worth Rs 440 crore

No Prima Facie Case: Calcutta High Court Dismisses TMC Faction’s Request to Manage Rs 440 Crore Accounts

Thedeshpost.com – The Calcutta High Court has rejected the plea of the Mamata Banerjee faction of the Trinamool Congress (TMC) to operate three party bank accounts totaling Rs 440.42 crore, stating there is no prima facie case against them. The court’s decision, delivered on Monday, came after the Enforcement Directorate (ED) had frozen the accounts as part of an investigation into alleged financial misconduct linked to the West Bengal Police’s FIR against the TMC. The ruling effectively halts the faction’s ability to access the funds for now, pending further legal proceedings.

Legal Proceedings and Court Rulings

During the hearing, the court emphasized that the petitioners had not provided sufficient evidence to support their claim of financial wrongdoing. Justice Krishna Rao, who presided over the case, pointed out that the ED’s freezing order, issued on July 7, was not communicated to a senior bench led by Justice Saugata Bhattacharyya. This oversight, according to the court, highlights the procedural gaps in the initial legal actions taken against the TMC accounts. The ED was also criticized for not being part of the earlier proceedings, which the petitioners failed to disclose to the bench.

As a result of the court’s decision, the Enforcement Directorate is required to submit an affidavit opposing the faction’s request within three weeks. The petitioners, on the other hand, have been given two weeks to respond to the ED’s arguments. The case will be heard again on August 26, where the court will review the submitted evidence and make a final determination. This timeline underscores the court’s commitment to a thorough examination of the allegations before taking any further action.

Details of the Financial Investigation

The ED’s probe into the TMC accounts has revealed significant financial movements between April 2023 and June 2026. According to the investigators, approximately Rs 160 crore was transferred from the TMC’s accounts to Carewell Aviation India Pvt. Ltd. and its associated entities. During the same period, these companies allegedly funneled Rs 82.96 crore to another newly established organization. The court has noted that the evidence presented thus far does not establish a clear link between these transactions and the TMC’s alleged involvement in money laundering.

Key to the ED’s case is the allocation of Rs 112 crore to the acquisition of an Embraer Legacy 600 business jet and an Agusta Westland 109SP helicopter. While these expenditures are part of the investigation, the court remains skeptical about their direct connection to the TMC’s financial misconduct. The ruling reflects a cautious approach by the judiciary, ensuring that the burden of proof lies with the ED before any further action is taken against the party’s assets.

Legal experts have pointed out that the court’s decision is a critical step in maintaining the integrity of the judicial process. By requiring the ED to present additional evidence, the ruling prevents premature interference with the TMC’s financial operations. This approach also aligns with the principle that a prima facie case must be established before any party can be deprived of their assets. The judgment serves as a reminder of the importance of procedural transparency in high-profile political cases.

Meanwhile, the TMC faction continues to challenge the ED’s initial freezing order, arguing that it was issued without proper legal justification. The party’s legal team had contested the Enforcement Case Information Report (ECIR) filed by the ED, claiming it lacked sufficient grounds. The court’s rejection of the plea, however, suggests that the ED’s case has not yet met the threshold for interim relief. This could lead to further legal battles as the TMC seeks to regain control over its funds.

The case has drawn attention to the broader issue of political party finances in India, with the TMC facing scrutiny over its alleged misuse of public funds. As the investigation unfolds, the court’s decision to deny interim relief may influence similar cases involving other political entities. The focus keyword “no prima facie case” reinforces the court’s stance that the evidence presented so far is insufficient to justify the freezing of the TMC’s accounts. This ruling is likely to be a pivotal moment in the ongoing financial probe against the party.