In a significant legal development, the Mamata Banerjee-led Trinamool Congress (TMC) faction has received substantial relief from the Calcutta High Court regarding the operation of its bank accounts. Justice Saugata Bhattacharya, while presiding over the matter on Monday, clarified that the faction is permitted to operate three of its primary bank accounts, while this ruling comes even as the Election Commission has issued orders regarding the freezing of the party symbol, which the court noted isn't a final decision but a temporary measure specifically for the upcoming by-elections.
Court Clarifies Symbol Freeze and Fund Usage
The court addressed the concerns raised by the Mamata faction regarding the impact of the Election Commission's symbol freeze on their financial operations. Justice Saugata Bhattacharya emphasized that the Election Commission's order concerning the symbol isn't the final word on the matter, while consequently, the freeze on the symbol doesn't translate into a restriction on the party's ability to work with its funds. The judge's order has dealt a blow to the Ritabrata faction, which had been contesting the Mamata faction's right to these resources. The court maintained that since the Election Commission has not reached a definitive conclusion, the previous orders regarding the accounts remain in effect.
Operational Guidelines for Bank Accounts
To ensure transparency and legal compliance, Justice Bhattacharya outlined specific procedures for how the three bank accounts are to be managed. The court ruled that any two authorized individuals from the Mamata Trinamool Congress are permitted to sign checks for these accounts, while however, these checks must also be signed by a court-appointed Special Officer. Once these signatures are obtained, the bank is authorized to release the funds. This arrangement is set to remain in force until January 29, providing the faction with the necessary financial liquidity to manage its affairs in the interim.
Legal Arguments and State Intervention
During the proceedings, Advocate Shoaib Alam, representing the Mamata Trinamool Congress, argued that the responsibility for conducting peaceful elections lies with the Election Commission. He pointed out that the matter of symbol allocation is still pending before the Commission and that both factions have been assigned new symbols for the time being. Alam contended that even if the Commission doesn't ultimately grant the original symbol to his clients, it shouldn't hinder their right to access and use the party's funds. On the other side, the State's Additional Advocate General (AAG) Rajdeep Majumdar informed the court that investigations are ongoing. He highlighted the significant sums of money involved, noting that one of the accounts alone contains more than 25 crore rupees. The state argued that the permission to use the accounts through a Special Officer should be revoked, claiming that those who previously had signing authority lost that right following the Election Commission's directives.
Background of the Account Seizure
The legal battle over these accounts began after the police seized three Trinamool Congress bank accounts based on a complaint filed by a TMC MLA, while in response, the Mamata Banerjee-led faction approached the Calcutta High Court seeking permission to use the funds stored in those accounts. In an earlier hearing on July 9, Justice Saugata Bhattacharya had allowed the temporary use of the accounts and questioned the speed at which they were frozen. The judge had raised concerns about the evidence found and why the complaint report wasn't filed before the voting process. By upholding the previous order, the High Court has ensured that the Mamata faction can continue its political activities without being financially paralyzed by the ongoing symbol dispute.