Calcutta HC allows TMC to operate frozen bank accounts for daily, legal expenses

The Calcutta High Court on Thursday (July 9) allowed the Mamata Banerjee-led Trinamool Congress (TMC) to operate three of its bank accounts that were earlier frozen on the directions of West Bengal police. The High Court appointed a special officer to facilitate the operation of the bank accounts only for day-to-day and legal expenses.

The direction was issued by Justice Saugata Bhattacharya, who appointed retired judge Subrata Talukdar as the special officer till September 30.

"No other expenditure, major or minor, shall be permitted by special officer," stated the Court as reported by the Bar and Bench.

On appointing special officer

Despite opposition from the state to let the TMC use the funds for legal expenses, the judge granted permission. The report further stated that the accounts were frozen following a complaint by rebel TMC MLA Biswanath Das alleging misuse of funds.

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"Taking note of the concerns expressed by the rival parties (petitioner and R4/ complainant), Court finds it apt to appoint a special officer to facilitate operation of aforesaid three bank accounts," stated the Court.

The High Court has permitted any two of the authorised signatories of those three bank accounts to present cheques before the court-appointed special officer as and when required for day-to-day expenditure.

Freeze questioned

The court further stated that the special officer shall countersign the cheques and then only be submitted to the concerned banks for encasement, adding that the special officer. should be paid an honorarium of Rs 1.25 lakh per month, which the petitioner can fund using money from the bank accounts.

Referring to the pace at which the bank accounts were frozen, the Court stated "FIR was drawn up at 18:00 hours on June 18, and hurriedly on the next day on June 19, those three accounts were debit frozen.”

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"At this stage, court is unable to find particular materials which could have been basis of taking such abrupt steps," it added.

The judge said that such pace of operation is rarely seen when an ordinary citizen approaches a police station.

"Why such a lightning speed everything happened? When a poor citizen comes to a police station, the police is not activated. But when a complaint is lodged on evening 6PM with respect to three accounts, next day freeze occurs," he added. The matter was posted for hearing on September 21.

Political backdrop

The TMC is currently facing internal discord in the aftermath of its defeat in the recent State Assembly elections.

The TMC has described the complaint by the rebel MLA as baseless, mala fide and politically motivated. According to the party, the freezing of the bank accounts has significantly hampered its day-to-day functioning.