West Bengal CM Mamata Banerjee alleges 'politicisation' of SC proceedings

ED tells Supreme Court it is not suggesting constitutional breakdown in West Bengal, as Mamata Banerjee raises concerns over politicisation of proceedings during elections

The Supreme Court of India on Thursday heard submissions from the Enforcement Directorate in the controversy over searches at offices linked to I-PAC in West Bengal, even as Chief Minister Mamata Banerjee raised concerns over the alleged politicisation of court proceedings during the election season.

 

Banerjee’s lawyer told the court that references to proceedings were being projected in a manner that could influence voters, suggesting that legal developments were being used to shape the electoral narrative.

 

During the hearing, Solicitor General Tushar Mehta, appearing for the central body, clarified that the ED was not suggesting any breakdown of constitutional machinery in the state.

 

 

A Bench of Justice Prashant Kumar Mishra and Justice N V Anjaria, which is examining the maintainability of the ED’s petition under Article 32, cautioned against such an interpretation.

 

“You are very seriously arguing about the extensive breach of law. It has very very very far-reaching overtones. We hope that you are not hinting at the breakdown of Constitutional Machinery because that's a very larger concern,” Justice Anjaria observed.

 

“That’s a larger concern,” Mehta replied. 

“We hope that you are not driving at that,” the Bench added.

 

“ED can never argue that... it is not in my contemplation,” Mehta said, emphasising that there was “nothing up the sleeve.”

 

Clarifying the scope of the petition, he submitted, “32. That’s the limited point. I am answering rule of law because rule of law is connected to Article 14... not ‘breakdown of constitutional machinery’.”

 

The ED has sought a probe by the Central Bureau of Investigation against the Chief Minister and senior state police officials, alleging obstruction of its search at premises associated with the All India Trinamool Congress’s political consultancy.

 

Opposing the state’s objections on maintainability, Mehta argued that ED officers’ fundamental rights were violated due to interference by the political executive and police authorities. He contended that the agency could not seek relief from the same state machinery that had initiated proceedings against it.

 

“Now the question is, can I go file an FIR there where I am myself facing an FIR... I cannot,” he said, pressing for an independent, court-monitored investigation.

 

He further submitted that the case was not a routine dispute, adding, “This is not a fight between A v. B... the political executive... comes and takes away the incriminating material.”

 

The ED also rejected Banerjee’s allegations of political motivation, maintaining that its actions were evidence-based and carried out in accordance with law. The matter remains under consideration before the court.