ED raids row: SC terms allegation of obstruction in central probe in WB 'serious', issues notice to CM Mamata

New Delhi, Jan 15 (PTI) The Supreme Court on Thursday termed the ED's allegation of obstruction by West Bengal Chief Minister Mamata Banerjee in its probe and search operation at the office of political consultancy firm I-PAC as "serious" and agreed to examine if law enforcement agencies of a state can interfere with a central agency's investigation into any serious offence.

As it observed that larger questions are involved in the plea of the Enforcement Directorate which, if left undecided, will lead to “lawlessness” in one or the other state, the court also stayed the FIRs against the agency officials, who raided I-PAC in Kolkata on January 8 sparking a tense standoff with Banerjee.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi issued notices to Banerjee, the West Bengal government, DGP Rajeev Kumar and top cops on the ED's petitions seeking a CBI probe against them for allegedly obstructing raids at I-PAC premises. The matter was posted for further hearing on February 3.

While the BJP in its reaction said Banerjee has received a "solid jolt" from the apex court, the TMC maintained that the ED action was "politically motivated" and timed with the approaching assembly polls in West Bengal.

The ED has alleged interference and obstruction by the West Bengal government, including by the TMC supremo, in its probe and search operation at the office of Indian Political Action Committee (I-PAC) and the premises of its director Pratik Jain, in connection with an alleged coal-pilferage scam.

The top court also directed the state police to protect the CCTV footage of the raids.

"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. According to us, for furtherance of rule of law in the country, and to allow each organ to function independently, it is necessary to examine the issue so that the offenders are not allowed to be protected under the shield of the law enforcement agencies of a particular state.

"Larger questions are involved in the present manner, 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.

Solicitor General Tushar Mehta, appearing for the ED, told the bench that in the past also, whenever statutory authorities exercised statutory power, Banerjee barged in and interfered.

"It reflects a very shocking pattern," Mehta said, contending that this will only encourage such acts, and the central forces will be demoralised.

"The states will feel they can barge in, commit theft, and then sit on a dharna. Let an example be set, officers who were explicitly present there should be suspended," the solicitor general said.

The apex court said a central agency has no power to interfere with the election work of any party. But at the same time, if central agencies are acting bona fide to investigate any serious offence, the question arises whether agencies can be restricted from carrying out duties under the shield of party activity, it added.

The court also said it was very much disturbed by the commotion at the Calcutta High Court during its hearing in the ED raids case. The high court had adjourned till January 14 the hearing on petitions related to the ED's search and seizure operations at sites linked to I-PAC, citing unmanageable chaos inside the courtroom.

Mehta told the court that the TMC legal wing circulated WhatsApp messages asking people to gather in the court.

"I have placed on record Whatsapp chats of the law wing of the party in power. This was not spontaneous and they were instructed by the legal cell of the party to go there." The bench then remarked orally, "Come, everyone? As if it's Jantar Mantar." As the hearing commenced, the ED said the West Bengal government's "interference and obstruction" during the probe agency's raids reflects a very shocking pattern.

Senior advocate Kapil Sibal questioned the maintainability of Mehta's plea and said the case should be heard by the Calcutta High Court first, and proper hierarchy should be followed. He claimed the ED was filing parallel proceedings.

Sibal also referred to the video recording of the raid and said, "It is a blatant lie that all digital devices were taken. Allegation that CM Mamata Banerjee took all devices is a lie, substantiated by ED's own panchnama (search record)." "The last statement in the coal scam was recorded in February 2024; what was ED doing since then? Why so keen in the midst of elections?" he asked.

The probe agency has claimed that Chief Minister Banerjee entered the premises and took away "key" evidence related to the probe.

BJP co-in-charge for West Bengal Amit Malviya said the court order is a "serious indictment" of Banerjee and her government.

Addressing a press conference at the BJP headquarters here, party national spokesperson Gaurav Bhatia termed the court order a "resounding slap" to Banerjee, and said this makes it clear that there is "jungle raj" in West Bengal under the Trinamool Congress rule.

“Mamata Banerjee has received a solid jolt from the Supreme Court today,” he said.

TMC spokesperson Kunal Ghosh said the party would not comment on the "technical legal aspects" of the case, leaving that to its senior counsel, but maintained that the ED action was "politically motivated." PTI PKS PK ZMN PNT GSN GSN GSN