The Enforcement Directorate has approached the Calcutta High Court, seeking a CBI probe against Chief Minister Mamata Banerjee, senior police officials and others after facing obstruction during its raids in Kolkata against political consultancy firm I-PAC and its director.
PTI has reviewed the writ petition of the federal probe agency, wherein it has claimed that these actions led to a "complete takeover" of its search operation by the "state machinery".
There was "direct" involvement of the highest political executive and abuse of police power, the Enforcement Directorate (ED) alleged and demanded a CBI probe into the matter.
It urged the high court to "direct the Central Bureau of Investigation (CBI) to register FIR(s) and investigate the entire incident, including the role of the present respondents being the chief minister, police officials, and all persons acting in concert".
The agency added that a probe by the CBI was essential as both the Calcutta High Court and the Supreme Court have consistently held that where the "high and mighty" in the state are involved in the commission of cognizable offences, investigation ought to be transferred to the CBI.
The ED also sought "immediate seizure, sealing, forensic preservation, and restoration to lawful custody of the ED" of all digital devices, electronic records, storage media, and documents "illegally and forcibly" taken away from the search premises.
The high court is expected to hear the petition next week.
The ED conducted a search at the Salt Lake office of I-PAC and the Kolkata residence of its founder and one of the directors, Pratik Jain, on Thursday as part of its probe into the alleged coal scam-linked money laundering case. Some other locations in the state and Delhi were also raided.
The federal probe agency had alleged in a press statement on Thursday that Banerjee entered Jain's residence on Loudon Street in Kolkata during the raids and "took away key evidence" and followed the same action at the I-PAC office.
It claimed the chief minister entered the premises despite a "categorical request being made (by ED officials) not to interfere with the ongoing search proceedings under PMLA."
"However, violating all law and order, Mamata Banerjee, with the aid of police personnel, forcibly took possession of all digital devices along with key incriminating documents from the possession of the authorised officer and left the premises around 12:15 PM," it said.
"The search was frustrated, and no seizure was therefore possible. The search was terminated for security reasons and could not be concluded," the ED said.
It claimed in the petition that about Rs 20 crore of hawala funds, generated from alleged coal pilferage in West Bengal, found their way to I-PAC. The organisation has been providing political consultancy to TMC and the state government since 2021.
"Concrete material found during the investigation revealed that at least Rs 20 crore worth of proceeds of crime was transferred to IPAC through hawala channels. In continuation of the ongoing investigation and to trace out the proceeds of crime and utilisation thereof, a search action was initiated against IPAC and certain other entities in relation to the coal smuggling case," the petition said.
ED officials claimed these Rs 20 crore worth "hawala" funds were moved by a Mumbai-based 'Angadiya' firm that got into the crosshairs of the agency during its probe into the Delhi liquor "scam" case involving the Aam Aadmi Party.
It was alleged by the ED that Rs 45 crore kickbacks generated from the Delhi excise policy "scam" were moved by the AAP for its 2022 Goa assembly election campaign. The agency claimed Pratik Jain "handled" IPAC operations in Goa.
The ED said its officials were "not allowed to perform their lawful duties."
It also urged the high court to pass an interim order restraining any access, deletion, cloning, or tampering with the seized digital devices and electronic records, as it sought protection against various FIRs filed by the local police against its officials for this operation.