Supreme Court calls ED allegations against Mamata Banerjee serious, stays FIR against officials

The Supreme Court on Thursday described the ED's allegation that Chief Minister Mamata Banerjee caused "obstruction" in its probe as "very serious" and agreed to examine whether a state's law-enforcing agencies can interfere with any central agency's investigation into any serious offence.

The top court stayed the FIR filed in West Bengal against ED officials who raided the I-PAC office and the residence of its director, Pratik Jain, on January 8 and directed the state police to protect the CCTV footage of the raids.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi issued notices to CM Banerjee, the West Bengal government, DGP Rajeev Kumar and top cops on the ED's petitions seeking a CBI probe against them for allegedly obstructing raids at I-PAC premises.

"According to us, adherence to the rule of law in the country and to allow each organ to function independently, it is necessary to examine the issue so that the offenders are not allowed to be protected under the shield of law-enforcing agencies of a particular state."

"Larger questions are involved and have been raised, which, if allowed to remain undecided, would further worsen the situation, and there will be a situation of lawlessness prevailing in one or the other state, considering that different outfits are governing different places," the bench said.

The apex court said a central agency has no power to interfere with the election work of any party. But at the same time, if central agencies are acting bona fide to investigate any serious offence, the question arises whether agencies can be restricted from carrying out duties under the shield of party activity, it said.

The matter is posted for further hearing on February 3.

Earlier in the day, the top court said that it was very much disturbed by the commotion at the Calcutta High Court during its hearing in the ED raids case.

The Calcutta High Court had adjourned till January 14 the hearing on petitions related to the ED's search and seizure operations at sites linked to political consultancy firm I-PAC, citing unmanageable chaos inside the courtroom.

As the hearing commenced, the ED said the West Bengal government's "interference and obstruction" during the probe agency's raids reflects a very shocking pattern.

Solicitor General Tushar Mehta, appearing for the ED, told the bench that in the past also, whenever statutory authorities exercised statutory power, Banerjee barged in and interfered.

"It reflects a very shocking pattern," Mehta said while contending that this will only encourage such acts, and the central forces will be demoralised.

"The states will feel they can barge in, commit theft, and then sit on a dharna. Let an example be set, officers who were explicitly present there should be suspended," the solicitor general said.

Mehta submitted that there was evidence leading to the conclusion that incriminating material was lying in the I-PAC office.

"Let an example be set, and officers explicitly present there should be suspended. Direct the competent authority to act, and please take cognisance of what is happening. We are here to protect our officers' fundamental rights. We are acting under the law and do not seize for personal gains," he said.

Senior advocate Kapil Sibal opposed Mehta's plea and said the case should be heard by the Calcutta High Court first, and proper hierarchy should be followed. He claimed the ED was filing parallel proceedings.

Sibal also referred to the video recording of the raid and said, "It is a blatant lie that all digital devices were taken. Allegation that CM Mamata Banerjee took all devices is a lie, substantiated by ED's own panchnama (search record)."

"The last statement in the coal scam was recorded in February 2024; what was ED doing since then? Why so keen in the midst of elections?" he posed.

The ED's plea in the apex court follows events from January 8, when ED's officials faced obstructions during the probe agency's raids at the office of political consultancy firm I-PAC in Salt Lake and the residence of its chief, Pratik Jain, in Kolkata in connection with a coal smuggling case.

The probe agency has claimed that Chief Minister Mamata Banerjee entered the premises and took away "key" evidence related to the probe.

The chief minister has accused the central agency of overreach, while her party, Trinamool Congress, has denied the ED's allegation of "obstructing" its probe. The state's police have registered an FIR against ED officers.