Supreme Court Upholds Calcutta High Court's Decision on TMC Bank Accounts
Supreme Court's Ruling on TMC's Frozen Accounts
On Tuesday, the Supreme Court chose not to intervene in a ruling by the Calcutta High Court that denied the Trinamool Congress (TMC) interim permission to access three bank accounts that had been frozen by the Enforcement Directorate (ED).
A panel consisting of Justices MM Sundresh and PB Varale remarked that the High Court's decision was 'balanced,' noting that the TMC had adequate funds for its daily operations. The court also indicated that it would be inappropriate to evaluate the case's merits while related proceedings, including a petition regarding a freeze initiated by the West Bengal Police, were still ongoing in the High Court.
Previously, on July 20, the High Court had denied the TMC's request to operate the frozen accounts, which the party contested under the Prevention of Money Laundering Act.
This case involves allegations of financial misconduct, illegal fundraising, and the routing of questionable funds through specific TMC bank accounts.
On June 19, the Kolkata Police had frozen the accounts' debit operations following a complaint from rebel TMC MLA Biswanath Das, who accused the party of misusing funds.
On July 8, the ED announced that it had frozen three TMC accounts containing deposits totaling Rs 440 crore. The agency alleged that approximately Rs 160 crore was transferred from these accounts to Carewell Aviation India Private Limited and a related firm between April 2023 and June 2026.
According to the ED, Carewell Aviation subsequently transferred around Rs 83 crore to another associated entity, which was used to acquire an Embraer Legacy 600 aircraft and an Agusta 109 Grand New helicopter, with claims that Rs 112 crore was spent on these purchases.
On July 9, a different bench of the High Court issued a separate ruling concerning the same accounts, allowing the TMC to utilize the funds for daily operations under the oversight of a special officer until September 30. This ruling was related to the freeze imposed by the West Bengal Police.
After seeking relief from the Supreme Court, the TMC requested on August 3 that a limited amount from the frozen accounts be released to a court-appointed administrator for the party's daily expenses.
In response, Additional Solicitor General SV Raju stated that Rs 164 crore was not attached and was readily available. However, TMC's legal representatives, Kapil Sibal and Menaka Guruswamy, contested Raju's assertion, arguing that the party could not access the funds due to the ongoing freeze on the accounts.