I-PAC raids: SC says CM ‘barging’ in during ED raids not ‘happy situation’

The Supreme Court on Wednesday said that West Bengal Chief Minister Mamata Banerjee’s barging in during Enforcement Directorate’s I-PAC raids was not a “happy situation” and asked the state government if the probe agency can be left “remediless” in such a situation.

The top court made the remarks while hearing the writ petition filed by the Enforcement Directorate under Article 32 of the Constitution. The agency, in its plea, had contended that it lacks the legal remedy to invoke fundamental rights jurisdiction against a State.

Advertisement

Alleging obstruction by West Bengal authorities during its January 28 raids on the office of the political consultancy firm I-PAC in Kolkata, the agency had sought a CBI case against CM Banerjee and the state police officials.

Appearing for the West Bengal Government, Senior Advocate Shyam Divan opposed the maintainability of the petition. Divan argued that allowing a Central government department to file a writ petition against a state government would be “dangerous to the federal structure.”

He further contended that the ED is not a “juristic entity”. “It (ED) is nothing beyond just a department of the Government. It does not have by itself any personality,” said Advocate Divan.

He further cautioned, “If we allow this, a situation can arise where Article 32 is being used by one department against another department, or between the Centre and States. This would completely bypass the checks and balances embedded in the constitutional framework.”

On this, the bench, comprising Justice Pankaj Mishra and Justice NV Anjaria, said that a chief minister “barging” in during ED raids is not a “happy situation”.

“What if tomorrow, some other Chief Minister barges into such a raid? Can the ED be left without remedy?” the Supreme Court said. The matter will continue in the top court during the next hearing on March 24.

The case pertains to the Enforcement Directorate’s January 28 raids on political consultancy firm I-PAC in Kolkata. During the raids, CM Banerjee had allegedly barged in and taken away some documents that she claimed contained information about TMC’s candidates for the upcoming Assembly Elections.

Following this, the ED had moved the top court, alleging obstruction by the Bengal CM and the state police. The probe agency also alleged that CM Banerjee removed crucial evidence, a charge she denied.