I-Pac Raid Case: Supreme Court sent notice to Mamata Banerjee, Bengal government and DGP on ED’s petition

New Delhi. The Supreme Court on Thursday termed as “extremely serious” the Enforcement Directorate’s (ED) allegation that West Bengal Chief Minister Mamata Banerjee “created obstacles” in its investigation. The Court agreed to review whether law enforcement agencies of a state can interfere in the investigation of a central agency in a serious crime case.

The court has stayed the FIR lodged in West Bengal against the ED officials who raided the ‘Indian Political Action Committee’ (I-PAC) office and the residence of its director Prateek Jain on January 8. He has directed the state police to preserve the CCTV footage of the raid action.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi has issued notices to Chief Minister Banerjee, the West Bengal government, Director General of Police (DGP) Rajeev Kumar and top police officials on ED’s pleas seeking a Central Bureau of Investigation (CBI) probe against them for allegedly obstructing the raid at the I-PAC complex.

“We feel that it is necessary to review this issue to ensure adherence to the rule of law in the country and to allow each organ to function independently so that criminals do not get protection under the umbrella of law enforcement agencies of a particular state,” the bench said.

“It involves and raises big questions which, if left unresolved, will worsen the situation and lead to anarchy in some states given the rule of different organizations in different places,” he said.

The top court said that no central agency has the power to interfere in the election work of any political party but at the same time if the central agencies are working in good faith to investigate a serious crime, then the question arises whether the agencies can be prevented from performing their duties under the guise of partisan activity.

The next date of hearing of the case has been fixed for February 3. Earlier, the top court said it was deeply distressed by the uproar in the Calcutta High Court during the hearing of the ED raids case. The Calcutta High Court had adjourned till January 14 the hearing on petitions related to ED’s raids and seizures at locations linked to political consultancy firm I-Pac, citing “uncontrolled chaos” inside the courtroom.

At the outset of the hearing, the ED said the West Bengal government’s “interference and obstruction” during the investigation agency’s raids was a shocking trend. Solicitor General Tushar Mehta, appearing for the ED, told the bench that in the past too, whenever statutory authorities exercised statutory power, Banerjee reached there and interfered. “This reflects a very shocking trend,” Mehta said.

He said that this will further encourage such acts and will reduce the morale of the central forces. The Solicitor General said, “States will feel that they can interfere, steal and then sit on strike. An example must be set; The officers who were clearly present there should be suspended.” Mehta said there was evidence to conclude that incriminating material was present in the I-PAC office.

“Instruct the competent authority to take action and please take cognizance of what is happening,” he said. We are here to protect the fundamental rights of our officers. We are working under the law and do not make seizures for personal gain.” Mehta told the apex court that a large number of lawyers and others had entered the Calcutta High Court during the hearing on the ED’s plea, after which the hearing of the case was adjourned.

“This is what happens when democracy is replaced by mobocracy,” he told the top court. Senior advocate Kapil Sibal opposed Mehta’s plea and said the case should first be heard in the Calcutta High Court and proper judicial hierarchy should be followed. He claimed that ED is taking parallel action. Sibal also cited video recordings of the raid and said, “It is a blatant lie that all digital devices were taken away.

Chief Minister Mamata Banerjee’s allegation that all the equipment was taken away is a lie, which is confirmed by the ED’s own Panchnama.” He said, ”The last statement in the coal scam was recorded in February 2024; What was ED doing since then? Why so much haste during elections? This petition of ED has been filed in the apex court after the incidents of January 8 when the officials of the investigating agency had to face obstacles during the ED raids at the office of I-PACK in Salt Lake and the residence of its chief Prateek Jain in Kolkata in connection with the investigation related to the coal smuggling case.

The investigating agency has alleged that Chief Minister Mamata Banerjee entered the premises and took with her “important” evidence related to the investigation. The Chief Minister has accused the central agency of exceeding its jurisdiction and his party Trinamool Congress has denied the charge of “obstructing” the ED investigation. The state police has registered an FIR against the ED officials.