Banerjee’s advocate argued that I-PAC holds confidential election data and that the Chief Minister had the right to protect it.
In a major setback to the Mamata Banerjee-led West Bengal government and the Kolkata Police, the Supreme Court on Tuesday stayed the FIRs registered against officers of the Enforcement Directorate (ED) in connection with searches conducted at premises linked to political consultancy firm I-PAC.
A bench comprising Justice Prashant Mishra and Justice Vipul Pancholi also sought responses from the Ministry of Home Affairs, the Department of Personnel and Training, West Bengal Chief Minister Mamata Banerjee, and the Trinamool Congress (TMC) government. The court is hearing a petition filed by the ED seeking the suspension of West Bengal DGP Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, along with a request for a CBI probe into the matter.
The case arises from a standoff between the ED and the Bengal government following searches carried out by the central agency at I-PAC offices as part of a corruption investigation. I-PAC handles election campaign management for the Trinamool Congress.
The Supreme Court said it was prime view that the ED’s petition raises serious concerns about interference by state agencies in investigations conducted by central agencies. The bench observed that such issues, if left unresolved, could lead to “lawlessness.”
“If central agencies are working in good faith to investigate serious offences, can they be obstructed by party activities?” the court asked, adding that the matter raises larger constitutional questions. The next hearing is scheduled for February 3.
Earlier in the day, the Supreme Court also expressed concern over the chaos that broke out in the Calcutta High Court during a hearing related to the case. The ED alleged that lawyers not connected to the matter disrupted proceedings, forcing the judge to adjourn the hearing.
Appearing for the ED, Solicitor General Tushar Mehta accused Mamata Banerjee and senior state officials of interfering with the investigation and removing evidence from the residence of I-PAC co-founder Pratik Jain. Describing the situation as “mobocracy,” Mehta sought the suspension of top police officers in West Bengal.
Representing Mamata Banerjee, senior advocate Kapil Sibal questioned the timing of the ED’s actions ahead of Assembly elections. He argued that I-PAC holds confidential election data and that the Chief Minister had the right to protect it.
Senior advocate Abhishek Singhvi, appearing for the Bengal government and the DGP, said the January 9 incident in the Calcutta High Court should not be used to justify parallel proceedings in different courts. The Supreme Court responded that repeated loss of control could not be justified.
