The legal battle between the Enforcement Directorate (ED) and the West Bengal government has escalated to the Supreme Court. Â Following raids on the political consultancy firm I-PAC, the ED has accused Chief Minister Mamata Banerjee of personal interference, while the state government has moved swiftly to ensure its voice is heard in the highest court.
The Legal Maneuver: West Bengal Files Caveat
Anticipating the ED’s move to the apex court, the West Bengal government has filed a caveat. This legal safeguard ensures that the Supreme Court cannot pass any ex-parte orders (orders passed after hearing only one side) without giving the state government an opportunity to present its arguments.
The move follows the ED’s filing of an Article 32 petition, where the agency alleged that its investigation into a ₹2,742 crore coal smuggling case was “institutionally obstructed” by the state machinery.
The Enforcement Directorate’s Allegations
The ED’s petition paints a dramatic picture of the January 8 raids at I-PAC’s Salt Lake headquarters and the residence of Director Pratik Jain.
Key claims include:
- Direct Interference: The agency alleges that CM Mamata Banerjee personally entered the raid sites and “forcibly removed” digital devices and incriminating documents.
- Evidence Tampering: The ED claims that approximately ₹20 crore in hawala funds were routed to I-PAC and that the “stolen” evidence is vital to proving this link.
- Police Obstruction: The petition accuses the Kolkata Police of “hijacking” witnesses and registering “malicious” FIRs against federal officers to stall the probe.
The State’s Defense & Counter-Claims
Chief Minister Mamata Banerjee and the Trinamool Congress (TMC) have vehemently denied these charges, framing the raids as a political hit-job ahead of the state elections.10
- Strategy Theft: Banerjee claims she intervened to protect sensitive election strategy data and internal party documents, which she argues the ED was attempting to seize under the guise of a financial probe.
- Legal Overreach: The state argues that the ED acted without proper warrants and intimidated local residents, leading to the filing of police complaints against the agency for criminal trespass and theft.
Current Status
The matter shifted to the Supreme Court after proceedings at the Calcutta High Court were disrupted by courtroom chaos and subsequently adjourned until January 14. The ED is now seeking a CBI inquiry into the alleged obstruction, arguing that a neutral central agency is required to investigate the actions of the state executive.
The Supreme Court is expected to take up the matter for an urgent hearing early this week.
