Kolkata, July 9 -- The Calcutta High Court on Thursday allowed the Mamata Banerjee-led faction of the Trinamool Congress to operate three frozen bank accounts for routine party expenses under the supervision of a retired judge, while sharply questioning the speed with which police ordered the debit freeze and describing the timing of the complainant's FIR as "sheer opportunism".
Justice Saugata Bhattacharyya appointed former High Court judge Justice Subrata Talukdar as Special Officer till September 30 to regulate withdrawals. The funds can be used only for day-to-day organisational expenses and legal costs. Justice Talukdar will receive an honorarium of Rs 1.25 lakh a month from the frozen accounts. The accounts were frozen on June 19 following a complaint lodged a day earlier by rebel MLA Biswanath Das before the cyber-crime wing of the Bidhannagar Police Commissionerate.
During the hearing, Justice Bhattacharyya questioned the "lightning speed" with which police acted, observing that ordinary citizens often do not receive such prompt action. He also sought to know what material justified the immediate debit freeze.
The judge was equally critical of the timing of Das's complaint, observing that he had fought and won the Assembly election as a Trinamool candidate before raising the issue only after the emergence of a rival faction. "Why did the de-facto complainant not raise the issue before May 4? It is nothing but sheer opportunism," the court remarked.
Appearing for the police, Solicitor General Tushar Mehta submitted that seven more complaints by MLAs had been received after the accounts were frozen and three statements recorded. He argued that allowing the Mamata Banerjee faction to operate the accounts would, prima facie, amount to recognising it as the "actual" Trinamool Congress while the dispute is pending before the Election Commission.
Senior advocate Abhishek Manu Singhvi, for the Mamata faction, said freezing the accounts had "crippled" the party's functioning, adding that nine accounts had been frozen, including three by the Enforcement Directorate. Senior advocate Kishore Datta listed pending liabilities, including salaries, office rent and election-related dues.
While granting interim relief, Justice Bhattacharyya clarified that the order would not determine which faction is the "real" Trinamool Congress. He also reserved his decision on the legality of the freeze, while observing that in the digital era bank accounts could be treated as "property" under Section 106 of the Bharatiya Nagarik Suraksha Sanhita.
Published by HT Digital Content Services with permission from Millennium Post.