The Supreme Court on Thursday issued notice to West Bengal Chief Minister Mamata Banerjee, State Director General of Police Rajeev Kumar and other officials on petitions filed by the Enforcement Directorate (ED), accusing them of obstructing the agency’s search operations at the Kolkata office of political consultancy firm I-PAC and the residence of its co-founder, Pratik Jain.
File Photo: IANS
The Supreme Court on Thursday issued notice to West Bengal Chief Minister Mamata Banerjee, State Director General of Police Rajeev Kumar and other officials on petitions filed by the Enforcement Directorate (ED), accusing them of obstructing the agency’s search operations at the Kolkata office of political consultancy firm I-PAC and the residence of its co-founder, Pratik Jain.
A Bench comprising Justices Prashant Kumar Mishra and Vipul Pancholi also sought responses from the Chief Minister and others on the ED’s plea seeking registration of an FIR and a probe by the Central Bureau of Investigation (CBI) into the alleged obstruction in its search and investigation operation.
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Observing that the ED’s petitions raised serious questions, the Court said it was prima facie satisfied that the matter warranted judicial scrutiny.
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“We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and interference by state agencies. According to us, for adherence to the rule of law in the country and to allow each organ to function independently, it is necessary to examine the issue so that offenders are not allowed to be protected under the seal of law-enforcing agencies of a particular state,” the Bench observed.
The Court further warned that failure to examine the issue could have far-reaching consequences.
“According to us, larger questions have been raised and are involved in the present matter, which, if allowed to remain undecided, would further worsen the situation, and there will be a situation of lawlessness prevailing in one or the other state, considering that different outfits are governing different places,” the Bench said.
At the same time, the Court clarified that while central agencies cannot interfere with electoral processes, political parties and state authorities cannot obstruct bona fide investigations by statutory agencies.
Apart from seeking a CBI probe, the ED has also sought directions for the return of documents and electronic devices allegedly removed by the Chief Minister from the searched premises. A similar plea moved earlier before the Calcutta High Court was adjourned on Wednesday at the request of the ED.
Taking cognisance of the matter, the Supreme Court directed Banerjee and the other respondents to file their replies to ED’s petition within two weeks.
“In the meanwhile, it is directed that the respondents shall preserve the CCTV cameras and other storage devices containing the footage of both the premises searched and the CCTV cameras and other storage devices containing the footage of nearby areas,” the Bench ordered.
The Court also stayed FIRs registered by the West Bengal Police against ED officers involved in the searches. The matter has been listed for further hearing on February 3.
The controversy stems from events last week, when Chief Minister Banerjee entered the I-PAC office and Pratik Jain’s residence while ED searches were underway in connection with a money-laundering investigation. The ED has alleged that certain documents and electronic devices were removed during her intervention.
Banerjee has defended her actions, claiming that the materials were related to her political party. I-PAC has worked closely with the Trinamool Congress since the 2019 Lok Sabha elections.
The ED, however, maintains that the searches were linked to a 2020 money-laundering case involving businessman Anup Majee, accused in a coal smuggling racket. According to the agency, the alleged interference amounted to a direct assault on its statutory powers under the Prevention of Money Laundering Act and undermined the rule of law.
The Trinamool Congress has countered these claims, alleging that the ED used the investigation as a pretext to access sensitive campaign and strategy-related data ahead of the West Bengal Assembly elections. The ED has told the Calcutta High Court that no seizures were made during the searches.
Solicitor General Tushar Mehta, Additional Solicitor General S V Raju and Special Counsel Zoheb Hossain appeared for the ED. Senior Advocates Kapil Sibal, Abhishek Manu Singhvi, and Shyam Divan represented the West Bengal government, Chief Minister Mamata Banerjee and other respondents.
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