'Very serious': SC issues notice to Mamata over interference in ED raid

Stays further proceedings in three FIRs registered by the West Bengal Police against ED officials

The Supreme Court on Thursday sought a response from the West Bengal government on a petition filed by the Enforcement Directorate (ED), accusing the state government and senior police officials of obstructing a search conducted at the Kolkata office of political consultancy firm I-PAC, which works with the ruling Trinamool Congress.

 

A Bench of Justice Prashant Kumar Mishra and Justice Vipul M Pancholi said the plea raised “very serious issues” concerning alleged interference by state agencies in investigations carried out by central authorities.

 

“We are of the prima facie opinion that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and its interference by state agencies,” the court said, and added, “True that any central agency does not have any power to interfere with the election work of any party. But if the central agency is bona fide investigating any serious offence, the question arises whether in the guise of taking shield of party activities, agencies can be restricted from carrying out power?”

 

The court noted that the matter warranted examination to ensure the rule of law and the independent functioning of investigative bodies.

 

Issuing notice under Article 32 of the Constitution, the court sought responses from the state of West Bengal, Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar, Kolkata Police Commissioner Manoj Kumar Verma, and Deputy Commissioner Priyabrata Roy.

 

The respondents have been granted two weeks to file counter-affidavits. The matter will be taken up next on February 3.

 

The Bench also directed the preservation of CCTV footage and other electronic records relating to the January 8 search and stayed further proceedings in three FIRs registered by the West Bengal Police against ED officials.

 

ED has also sought a Central Bureau of Investigation (CBI) probe into the alleged obstruction of its officers.

 

Appearing for the ED, Solicitor General Tushar Mehta told the court that the case reflected a “shocking pattern” of interference by the state administration.

 

He alleged that ED officers, acting under powers conferred by the Prevention of Money Laundering Act, were obstructed during a lawful search, with files and electronic devices allegedly removed from the premises.

 

Such conduct, he argued, amounted to a serious criminal offence and risked demoralising investigative officers.

 

The solicitor general also referred to earlier confrontations between the West Bengal government and central agencies, including an episode involving the CBI, to argue that the present case was part of a recurring pattern.

 

He submitted that state police officials were statutorily bound to assist the ED but had instead impeded its functioning.

 

Senior advocate Kapil Sibal, appearing for the chief minister, objected to the maintainability of the petition, arguing that the issues could be addressed by the Calcutta High Court.

 

He contended that the I-PAC office housed confidential election-related data of the Trinamool Congress and alleged that the search was timed to disrupt the electoral process.

 

Sibal denied allegations that documents or devices were forcibly removed, asserting that the ED’s own search records showed no wrongdoing.

 

For the state of West Bengal and the police leadership, Abhishek Manu Singhvi also raised preliminary objections, pointing out that parallel proceedings were pending before the High Court.

 

He maintained that the search was conducted peacefully and said the chief minister had reached the premises after receiving information about unauthorised access.

 

Additional Solicitor General SV Raju, representing ED officers in a connected petition, argued that the admitted facts disclosed offences including theft and sought directions for registration of an FIR and a CBI investigation.

 

The dispute arises from searches conducted earlier this month at the I-PAC office in connection with the coal scam money-laundering probe.

 

The ED alleges that the presence of the chief minister and senior officials at the search site intimidated officers and compromised the investigation, while the state government has denied any obstruction.

 

During the hearing, the Supreme Court also flagged concerns over the disruption that had stalled proceedings before the Calcutta High Court earlier this month.

 

The Bench referred to the events of January 9, when the High Court was forced to defer hearing the ED’s plea after a commotion erupted in the courtroom, preventing the matter from being taken up.