Calcutta HC rejects Trinamool rebel faction's plea in ₹440 crore account freeze case
Synopsis
The Calcutta High Court has refused to let the Trinamool rebel faction led by Ritabrata Banerjee join the legal battle over ₹440 crore frozen by the ED — leaving the Mamata camp as the sole challenger while the court reserves its order. With the ECI yet to rule on who owns the TMC name, the money, the symbol, and the party itself are all simultaneously in dispute.
Key Takeaways
A Calcutta High Court bench of Justice Krishna Rao on 13 July refused to entertain a plea from the Ritabrata Banerjee -led TMC rebel faction to be impleaded in the ED freeze case.
The ED has frozen three TMC bank accounts with combined deposits of ₹440 crore as part of a money-laundering investigation.
The court noted that rival factional claims over party funds fall under the jurisdiction of the Election Commission of India (ECI) , not the High Court at this stage.
The Mamata Banerjee -led faction had earlier received conditional access via a separate bench (Justice Sougata Bhattacharya ), but the ED's independent freeze negated that relief.
ED counsel Dhiraj Trivedi argued the agency can initiate a suo motu investigation in scheduled offences without a state police FIR.
Justice Rao's bench has reserved its order on the Mamata faction's challenge to the ED freeze.
The Calcutta High Court on Monday, 13 July refused to entertain a plea from the 'rebel but majority' faction of the All India Trinamool Congress (TMC), led by Ritabrata Banerjee, seeking to be impleaded in a case challenging the Enforcement Directorate (ED)'s move to freeze three party bank accounts holding a combined ₹440 crore. The case was being heard before a single-judge bench of Justice Krishna Rao on a petition filed by the 'original but minority' faction led by former West Bengal Chief Minister Mamata Banerjee and her nephew Abhishek Banerjee.
What the Court Ruled
Justice Rao's bench declined to admit the Ritabrata-led faction's impleadment plea, observing that it is for the Election Commission of India (ECI) to adjudicate rival claims over the party name, election symbol, and — by extension — party funds. The bench held that it would not enter that dispute at the present stage, effectively deferring the factional contest to the constitutional authority tasked with resolving it.
Background: How the Accounts Were Frozen
The three bank accounts were initially placed under debit restrictions following instructions from the West Bengal Police, with the ED subsequently issuing its own freeze order as part of a parallel money-laundering investigation. Last week, a separate single-judge bench of the Calcutta High Court — headed by Justice Sougata Bhattacharya — had granted conditional access to the Mamata Banerjee-led faction. However, that relief was rendered incomplete by the ED's independent freeze, prompting the faction to approach Justice Rao's bench with a fresh challenge specifically targeting the ED's action.
ED's Legal Position
During Monday's hearing, Justice Rao questioned whether the ED's parallel investigation had been triggered by an FIR registered by the state police. The ED's counsel, Dhiraj Trivedi, argued that under the money-laundering law, the agency is empowered to initiate a suo motu investigation in cases involving a scheduled offence, without necessarily relying on a state police FIR. At the conclusion of arguments, Justice Rao's bench reserved its order.
The Larger Factional Battle
The dispute over the frozen accounts is inseparable from the broader split within the TMC. The Ritabrata Banerjee-led camp claims to represent the majority within the party, while the Mamata Banerjee-led camp holds the legacy leadership and the party's established organisational structure. With the ECI yet to rule on which faction holds legitimate claim to the TMC's name and symbol, both sides are simultaneously fighting legal and institutional battles. The outcome of the ECI adjudication will likely determine who ultimately controls the frozen funds.
What Happens Next
Justice Rao's bench is expected to pronounce its order on the Mamata faction's challenge to the ED freeze in the coming days. Separately, the ECI process on the factional dispute remains ongoing. Until both proceedings conclude, access to the ₹440 crore in the three accounts remains in legal limbo.
Point of View
Two freeze orders, and a constitutional body have all been pulled into what is fundamentally a political succession fight within the TMC. The ED's invocation of suo motu powers — bypassing the state police FIR route — will be the real test when Justice Rao pronounces his order. If upheld, it signals that the ED's reach into party finances is self-sustaining and not contingent on state cooperation, a precedent with implications well beyond West Bengal. The ECI adjudication, meanwhile, is the slow-moving variable that controls everything else — and neither court can fully resolve the money question until that ruling lands.
NationPress
13 Jul 2026
Frequently Asked Questions
Why did the Calcutta High Court refuse the Trinamool rebel faction's plea?
The court held that rival claims over the TMC's name, election symbol, and party funds are for the Election Commission of India to decide — not the High Court at this stage. The bench of Justice Krishna Rao therefore declined to let the Ritabrata Banerjee-led faction join the case as a party.
Why are the TMC bank accounts frozen?
The three accounts were initially placed under debit restrictions on instructions from the West Bengal Police. The ED subsequently issued its own freeze order as part of a parallel money-laundering investigation, adding a second layer of restriction on the ₹440 crore held across the accounts.
Can the ED freeze party bank accounts without a police FIR?
According to ED counsel Dhiraj Trivedi, the agency can initiate a suo motu investigation in cases involving a scheduled offence under the money-laundering law, without relying on a state police FIR. Justice Krishna Rao's bench has reserved its order on whether the ED's action in this case was legally valid.
What relief did the Mamata faction receive earlier?
A separate Calcutta High Court bench headed by Justice Sougata Bhattacharya had granted the Mamata Banerjee-led faction conditional access to the accounts last week. However, the ED's independent freeze order — issued around the same time — effectively nullified that relief, prompting the faction to challenge the ED's action before Justice Rao's bench.
Who will ultimately decide which TMC faction controls the party funds?
The Election Commission of India is the primary authority tasked with adjudicating which faction holds legitimate claim to the TMC's name and election symbol. That ruling will also determine who has rightful control over the party's funds, including the frozen ₹440 crore.
