Supreme Court to hear TMC's plea against ED bank account freeze on Monday
Synopsis
Key Takeaways
The Supreme Court is scheduled to hear on Monday a special leave petition filed by the All India Trinamool Congress (TMC) and its Rajya Sabha member Dola Sen, challenging the Enforcement Directorate's (ED) decision to freeze three of the party's bank accounts in an alleged money laundering case. The matter will be taken up before a Bench of Justices M.M. Sundresh and Prasanna B. Varale, as per the apex court's official causelist.
Background: What the ED Did
The ED imposed debit restrictions on three HDFC Bank accounts held by the TMC after registering an Enforcement Case Information Report (ECIR) on 23 June, based on a predicate FIR lodged by the Cyber Crime Police Station, Bidhannagar. The FIR was registered under provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act, following a complaint alleging that funds from illegal activities — including misuse of influence, dishonest financial dealings, and suspected unlawful collection of money — had been routed through the accounts.
Notably, before the ED's intervention, the same accounts had already been subjected to debit restrictions by the bank on the instructions of the West Bengal Police. The ED subsequently acted under Section 17(1-A) of the Prevention of Money Laundering Act (PMLA) after detecting allegedly suspicious transactions amounting to ₹164 crore.
Calcutta High Court Refused Interim Relief
The TMC had first approached the Calcutta High Court, which on 20 July refused to grant interim relief against the ED's freezing order. A single-judge Bench of Justice Krishna Rao held that the court did not find any prima facie case warranting interference at the interim stage.
'This court did not find any prima facie case and balance of convenience and inconvenience in favour of the petitioners. In view of the above, interim order as prayed for by the petitioners is refused,' the bench had said.
The High Court observed that the ED had analysed the party's accounts and found 'substantial transfers of funds to various entities', including the Carewell group, and held that the legality of those transactions could not be examined at the interim stage. It further noted that the ED had frozen only six bank accounts in total, while the party continued to operate 36 other accounts containing deposits of over ₹164 crore.
However, the High Court also rejected the ED's preliminary objection on maintainability, holding that the writ petition had been validly instituted and that the existence of an alternative statutory remedy did not bar the court from examining allegations of arbitrariness in the ECIR proceedings.
TMC's Contentions Before the Supreme Court
The Trinamool Congress has argued before the Supreme Court that the freezing action was mechanical, arbitrary, and undertaken without identifying or segregating any specific proceeds of crime. The party has also alleged that the ED's move forms part of a broader pattern of coercive measures initiated against it following the recent political change in West Bengal.
What Happens Next
The Supreme Court's hearing on Monday will determine whether the TMC can secure interim relief that the Calcutta High Court declined to provide. A favourable order could restore the party's access to the frozen accounts ahead of any final adjudication by the PMLA's Adjudicating Authority. The case is being closely watched as a test of the legal boundaries of the ED's powers to freeze political party funds under the PMLA.