The Supreme Court on Thursday gave a setback to Chief Minister Mamata Banerjee in connection with the Enforcement Directorate's raid against the I-PAC in Kolkata and issued a notice to the West Bengal government and state Director General of Police (DGP) Rajeev Kumar over the central probe agency's plea alleging 'obstruction' in probe. A two-judge bench which included Justices Prashant Mishra and Vipul Pancholi also stayed the first information report (FIR) against ED officials who were involved in conducting searches at I-PAC director Pratik Jain's residence.
Posting the matter for further hearing on February 3, the apex court also directed the West Bengal government to protect the CCTV footage of the raids, pointing out that the ED's plea has raised serious issue relating to the probe conducted by the central agencies and interference by state agencies. It said that if the questions that have emerged from the ED's plea are not answered, then it may lead to 'lawlessness'.
"According to us, 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 the offenders are not allowed to be protected under the shield of law-enforcing agencies of a particular state," the court said.
"Larger questions are involved and have been raised, 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," it added.
ED raids at I-PAC director Pratik Jain's Kolkata residence
A massive controversy erupted earlier this month after the ED was conducting searches at Jain's Kolkata residence, but were obstructed by Banerjee and state officials. The ED had moved to the Calcutta High Court but it had adjourned the hearing till January 14, citing unmanageable chaos inside the courtroom. On Thursday, the Supreme Court said it was disturbed by the commotion at the high court.
Meanwhile, during the hearing at the top court, the probe agency said the West Bengal government allegedly 'obstructed' its investigation. Solicitor General Tushar Mehta, who was appearing for the agency, called the incident 'shocking' and said it will demoralise the central forces. He also told the bench that there were evidence against the I-PAC that led to the raids in Kolkata.
"Let an example be set, and officers explicitly present there should be suspended. Direct the competent authority to act, and please take cognisance of what is happening. We are here to protect our officers' fundamental rights. We are acting under the law and do not seize for personal gains," he said.
However, senior advocate Kapil Sibal opposed ED's plea and said that the matter should first be heard by the Calcutta High Court. He also denied the allegations levelled by the ED against Banerjee. "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 told the bench.
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