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The Calcutta High Court bench of Jutsice Rajasekhar Mantha on Tuesday questioned the Enforcement Directorate (ED) as to why interrogation of witnesses in the West Bengal coal scam cannot be done in Kolkata instead of Delhi.

The Court was hearing a plea filed by Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee challenging the ED's jurisdiction to register a case in New Delhi when the offence has been allegedly committed in the state. He had been summoned admittedly by the ED, but in New Delhi. Roy has challenged the constitutional validity of certain sections of the Prevention of Money Laundering Act, 2002 (PMLA), dealing with the issuance of summons to an individual. Roy has prayed for quashing those summons issued by the ED on those grounds. 

The Bench of Justice Mantha observed that "this Court is unable to appreciate as to why the interrogation cannot be done at Kolkata at least in the interregnum."

In lieu of the same, the Court allowed the continuance of the interim order passed on November 9, 2021 by which the ED was directed to not take any coercive action against Sumit Roy for 6 weeks. Further, the instant plea has been admitted by a coordinate Bench and affidavits have been called and filed therein, hence Justice Mantha ordered the matter to be taken off his list. 

Sumit Roy v. Union of India