The Supreme Court on Tuesday raised sharp questions to the West Bengal Government over the rights of Enforcement Directorate (ED) officials, asking what would happen to their fundamental rights if they face obstruction while carrying out lawful duties. Hearing the ED’s petition, the bench of Justices PK Mishra and NV Anjaria also questioned objections to the maintainability of the plea, noting that some ED officers had approached the court in their personal capacity as well.
The top court was hearing a petition filed by the ED alleging obstruction by Mamata Banerjee and the state administration during its January 8 searches at the Kolkata office of political consultancy firm Indian Political Action Committee (I-PAC) and the residence of its chief, Prateek Jain. The searches were part of a money laundering probe linked to an alleged coal scam.
The court further asked whether ED officers cease to be citizens of India simply because they serve in the agency. It also sought clarity on whether the ED could approach the state police in situations where its officials face resistance during raids, including alleged interference by the Chief Minister.
All about the case
The controversy erupted after Banerjee visited both the residence of Jain and the I-PAC office while the ED raids were underway. The Chief Minister alleged that the agency was attempting to seize internal party documents, computer hard drives and sensitive digital material related to the Trinamool Congress’s election strategy.
The ED, however, termed Banerjee’s actions a “gross abuse of power,” asserting that such interference hindered a lawful investigation. In response, Banerjee maintained that the raids were politically motivated, accusing the Bharatiya Janata Party of attempting to disrupt the functioning of her party ahead of the state assembly elections.
The BJP strongly criticised Banerjee’s conduct, arguing that politicising a legal investigation undermines public confidence in constitutional institutions and weakens the rule of law. The party further warned that any attempt to obstruct investigative agencies must be treated seriously, as it risks damaging the credibility of these institutions.
