Very serious matter, will examine issue: SC on ED's Kolkata raids facing 'obstruction'

The Supreme Court on Thursday termed "very serious" the Enforcement Directorate's allegation that it faced obstruction from the West Bengal government and Chief Minister Mamata Banerjee during their raids at the I-PAC office and the premises of its director in connection with an alleged coal-pilferage scam.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi said they intend to issue notice and examine the matter. "This is a very serious matter; we will issue a notice. We have to examine it," it remarked orally.

The top court also 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.

Mehta told the apex court that a large number of advocates and other persons entered the Calcutta High Court during the hearing of the ED's plea, and the matter was adjourned. "This happens when mobocracy replaces democracy," he told the top court.

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 hearing is currently underway.

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

Banerjee 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.