Conditional permission to conduct special operations under the direction of Calcutta High Court.
Calcutta High Court has given conditional permission to operate three pending bank accounts of Trinamool Congress (TMC). The court appointed a special official to look after the accounts. As per court orders, the team will be able to use these accounts only for routine administrative work and legal expenses. Any other kind of funding cannot be given without the prior permission of the special officer.
On the instructions of West Bengal Police, three bank accounts of TMC were frozen. This step was taken after the party’s rebel MLA Bishwanath Das filed a complaint of alleged misuse of party funds. During the investigation, TMC approached the court and sought permission to operate the account.
The party claimed that due to suspension of bank accounts, problems are being created in carrying out regular administrative activities and legal responsibilities. It is on that basis that the relief application is filed before the court.
After hearing the case, the Calcutta High Court appointed retired Justice Subrata Talukdar as the special officer till September 30. If the court directs, the bank account will be operated under his supervision and money can be withdrawn from there only for the prescribed purpose.
The court made it clear that the daily administrative activities of the party, necessary funding to its employees and expenses related to legal cases would be financed from these accounts. But in case of any other type of expenditure, prior approval of the special officer is mandatory.
The High Court said in its instructions that the money in the account can be used only for limited and legitimate purposes. The court made it clear that no additional funding, big or small, can be made without the approval of the special officer.
The objective of this arrangement is, on the one hand, to ensure that the regular functioning of the party is not disrupted and on the other hand, to maintain the neutrality of the investigation process.
During the hearing, the state government had objected to the payment of lawyers’ fees and other legal expenses from the party’s bank account. But the High Court did not accept that objection and said that the party will be able to bear the necessary legal expenses of the pending cases from these accounts.
According to the court, any organization should have the opportunity to represent itself legally in the judicial process, hence legal expenses are allowed.
The court noted in its order that the fear of destruction of evidence or interference with it was expressed by the complainant. That is why instead of giving complete control of the accounts directly to the team, arrangements have been made to manage them under the supervision of a special officer.
According to the court, this is an interim arrangement, the purpose of which is to maintain a balance between the interests of both the parties without affecting the investigation and at the same time to continue the regular activities of the party.
At present, the special officer will oversee the management of bank accounts till September 30. At this time, all funds will be paid as per the conditions set by the court. The court may give necessary instructions in the future depending on the subsequent hearing of the case and the progress of the investigation.
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