The Supreme Court on Thursday described as “very serious” the Enforcement Directorate’s allegation that it faced obstruction from the West Bengal government and Chief Minister Mamata Banerjee during raids at the office of political consultancy firm I-PAC 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 it intended to issue notice and examine the matter. “This is a very serious matter; we will issue a notice. We have to examine it,” the bench remarked orally.
The apex court also said it was “very much disturbed” by the commotion at the Calcutta High Court during the hearing in the ED raids case. The high court had adjourned the matter till January 14, citing unmanageable chaos inside the courtroom, during the hearing on petitions related to the ED’s search and seizure operations at locations linked to I-PAC.
As the hearing began before the Supreme Court, the ED said the West Bengal government’s “interference and obstruction” during the raids reflected a “very shocking pattern”.
Solicitor General Tushar Mehta, appearing for the ED, told the bench that in the past as well, whenever statutory authorities exercised statutory power, Banerjee had barged in and interfered.
“It reflects a very shocking pattern,” Mehta said, contending that such actions would only encourage similar acts and demoralise central forces.
“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 to conclude that incriminating material was lying at 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.
He further 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, forcing an adjournment. “This happens when mobocracy replaces democracy,” Mehta told the top court.
Opposing the plea, senior advocate Kapil Sibal said the matter should first be heard by the Calcutta High Court and that the proper judicial hierarchy should be followed, alleging that the ED was filing parallel proceedings.
Referring to the video recording of the raid, Sibal 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).”
Questioning the timing of the raids, he added, “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?”
The hearing is currently underway.
The ED’s plea before the Supreme Court stems from events on January 8, when its officials allegedly faced obstruction during raids at the I-PAC office in Salt Lake and the Kolkata residence of its director, Pratik Jain, in connection with a coal smuggling case.
The 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, the Trinamool Congress, has denied the ED’s allegation of “obstructing” the investigation. The state police have also registered an FIR against ED officers.