SC says obstruction in central probe 'very serious', issues notice to Mamata Banerjee

New Delhi, Jan 15 (PTI) In a jolt to Mamata Banerjee, the Supreme Court on Thursday said the West Bengal chief minister's alleged "obstruction" in ED's probe is "very serious" and agreed to examine if a state's law-enforcing agencies can interfere with any central agency's investigation into any serious offence as it stayed FIRs against the agency's officials who raided political consultancy I-PAC on January 8.

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

The top court, while staying the FIRs filed in West Bengal against ED officials, also directed the state police to protect the CCTV footage of the raids.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi issued notices to CM 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.

"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 in its order.

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 said.

The matter is posted for further hearing on February 3.

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

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.

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.

"This case reflects a very shocking pattern emerging. In the past also, whenever statutory authorities exercised their power of investigation, the honorable Chief Minister marched there. The officers including the DGP and the commissioner of police are accomplices and they accompany her. The uniformed police officers sit on dharna with political leaders.

"Here there was evidence that there is some incriminating material lying in the premises of a company. The officers exercising powers under Section 17 of Prevention of Money Laundering Act went there and intimate the local police. The honourable CM along with DGP and other police officials barged into the house and took away material including the mobile phone of an ED official. It's an offence of theft," Mehta told the court.

The SG said thereafter Banerjee went to the media and told her about the whole thing, "as if she has done some great thing".

"If we turn blind eye to this kind of thing will continue which will not only encourage the officials not to discharge their duty. The central forces will be demoralised and the state forces will feel we can go with the CM.

"Let an example be set and the state officers concerned be suspended and there may be departmental enquiry.See what happened in the Calcutta High Court. This is very serious. Please take cognisance of what is happening," Mehta said.

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 posed.

The ED's plea in the apex court follows events from January 8, when ED's officials faced obstructions during the probe agency's raids at the office of political consultancy firm I-PAC in Salt Lake and the residence of its chief, Pratik Jain, in Kolkata in connection with a coal smuggling case.

The probe agency has claimed that Banerjee entered the premises and took away "key" evidence related to the probe. PTI PKS ZMN