The West Bengal government has raised objections before the Supreme Court against the maintainability of the Enforcement Directorate’s petition seeking a CBI probe into the alleged obstruction of its search operations at the Kolkata office of political consultancy I-PAC. Citing the pendency of a similar case before the Calcutta High Court, the state urged the apex court to refrain from allowing parallel proceedings.
On January 15, a bench comprising Justices Prashant Kumar Mishra and Vipul Pancholi had issued notices to Chief Minister Mamata Banerjee, the state government, DGP Rajeev Kumar, and other senior police officials on the ED’s petition. The probe agency had alleged deliberate interference in its investigation into the coal-pilferage scam and sought a court-monitored CBI inquiry.
The Supreme Court had remarked that the chief minister’s alleged obstruction in a central agency’s investigation into a serious offence was “very serious” and merited examination. It also stayed the FIRs registered by the West Bengal police against ED officials in relation to the January 8 raids.
In its response, the Trinamool Congress-led state government has argued that the ED’s petition is not maintainable, especially when a similar matter is being adjudicated by the Calcutta High Court. It said the central agency cannot invoke fundamental rights to file a writ under Article 32 and insisted that the matter must be dealt with through appropriate procedural channels already in motion.
The state government further contended that the ED lacked authority to carry out “omnibus search and seizure” operations, and that the agency had encroached upon privileged communications during its raid. It also accused the ED of procedural overreach.
The ED had filed the petition after its officers reportedly faced resistance during raids at I-PAC’s Salt Lake office and the home of its director, Pratik Jain, in Kolkata. The agency claimed that Chief Minister Mamata Banerjee entered the premises during the operation and removed crucial materials that were relevant to the investigation.
The I-PAC, a political consultancy once associated with poll strategist Prashant Kishor, has previously worked with several major parties including the TMC.
The case will now be heard by the Supreme Court to determine whether central investigative agencies can be hindered by state machinery and whether dual proceedings in constitutional courts can be permitted in such matters.
