The Supreme Court on Tuesday adjourned to March 18 the hearing on a plea filed by the Enforcement Directorate (ED) alleging obstruction by the West Bengal government, including Chief Minister Mamata Banerjee, during search operations at the I-PAC office and the premises of its director in connection with the alleged coal-pilferage scam.
A bench of Justices Prashant Kumar Mishra and K.V. Viswanathan deferred the matter after Solicitor General Tushar Mehta, appearing for the ED, informed the Court that a rejoinder would be filed during the day.
The ED has moved the top court seeking, among other reliefs, a CBI probe against Banerjee, the West Bengal government, Director General of Police Rajeev Kumar and senior police officials for allegedly obstructing its searches conducted on January 8 at the Kolkata office of political consultancy firm I-PAC and the residence of its director Pratik Jain. The searches were part of a money-laundering investigation linked to an alleged multi-crore coal-pilferage scam.
According to the agency, the Chief Minister reached the search sites along with senior TMC leaders, confronted ED officials and allegedly removed “key” evidence, including physical documents and electronic devices, thereby intimidating officers and compromising the probe.
On January 15, the Court termed the allegations of obstruction as “very serious” and agreed to examine the broader constitutional question of whether a state’s law-enforcement machinery can interfere with a central agency’s investigation into a serious offence.
The Court had:
- stayed FIRs registered in West Bengal against ED officials who conducted the searches;
- directed the state police to preserve CCTV footage of the raid; and
- issued notices to Mamata Banerjee, the State government, the DGP and other senior police officers on the ED’s plea.
The ED has contended that:
- Banerjee’s presence at the search location had an intimidating effect on officers;
- crucial documents and electronic devices were taken away from the premises; and
- the incident seriously hampered the agency’s ability to discharge its statutory functions independently.
The Trinamool Congress has denied the allegations of obstruction and accused the ED of overreach. It has claimed that the action against I-PAC, which serves as the party’s election strategist, was aimed at accessing confidential campaign material and disrupting electoral preparations ahead of the upcoming West Bengal Assembly elections.
The West Bengal Police has also registered FIRs against ED officers in connection with the raid, which the Supreme Court has presently stayed.
The matter raises questions concerning:
- the extent of protection available to central investigating agencies during searches;
- the powers of state police vis-à-vis central agencies; and
- the federal balance in criminal investigations involving alleged economic offences.
The case will now be taken up on March 18 after the ED files its rejoinder.
