NEW DELHI: The Supreme Court on Thursday dismissed a plea by former chairman of West Bengal Board of Primary Education and sitting TMC MLA Manik Bhattacharya, against his arrest by the Enforcement Directorate in connection with the money laundering case registered in connection with the teachers recruitment scam.
A bench of Justices Aniruddha Bose and Vikram Nath, which had earlier granted him protection in the CBI case, declined to interfere with his arrest by the ED.
"We do not think a general protective order directed at another investigating agency could have insulated him from any coercive action in another proceeding started by a different agency, even if there are factual similarities vis-a-vis the allegations," the bench said.
Bhattacharyas counsel pleaded that since the court had granted him protection from arrest in the CBI matter, the same should be extended in the case of ED as well.
"We cannot hold the arrest of the petitioner by the ED illegal as the issue of money laundering or there being proceeds of crime had not surfaced before the High Court," a bench of Justices Aniruddha Bose and Vikram Nath said.
The counsel also submitted that Bhattacharya appeared before the ED on each and every occasion, yet the investigators claimed that he was not cooperating.
Solicitor General Tushar Mehta, representing the ED, opposed the extension of protection granted to the MLA in CBI case, to the money laundering probe, saying the ED is an independent agency and investigating the matter separately.
"Under the Prevention of Money Laundering Act, 2002, money laundering is an independent offence and in the event there is any allegation of the ED having acted beyond jurisdiction or their act of arrest is not authorised by law, the petitioner would be entitled to apply before the appropriate court of law independently, the bench said.
Bhattacharya was arrested by ED on October 12.
The apex court had on October 18 allowed the CBI to continue its investigation against Bhattacharya in the scam which hit the West Bengal government hard with the arrest of then Education Minister Partha Chatterjee and recovery of huge amount of illicit money.
