The Enforcement Directorate on Monday urged the Supreme Court to direct the CBI to register FIRs against Mamata Banerjee, the Bengal DGP, Calcutta police commissioner and other officials on charges including “theft”, “dacoity,” “robbery”, “attempt to murder” and “house trespass”.

Accompanied by top bureaucrats and police officers, the Bengal chief minister had on January 8 entered the sites of ED raids on her party’s election strategist, I-PAC, and carried away what she claimed were “sensitive” poll documents.

“The petition discloses a shocking state-of-affairs in West Bengal where the protectors of law i.e. the Chief Minister of State of West Bengal including senior most police officials i.e. Director General of Police, West Bengal and Police Commissioner, Kolkata are party to serious cognisable offences requiring registration of an FIR…,” the ED petition says.

While Mamata claims the ED wanted to grab her party’s poll data and strategy documents on the BJP’s behalf, the central agency says its raid was part of investigations into a ₹2,700-crore coal theft scam and had nothing to do with elections.

ED officials “proceeded to search the residential premise of one Pratik Jain (the I-PAC director) in view of material available showing the receipt of proceeds of crime of more than ₹20 crore. Since the investigation is going on, all the material is not being discussed in this petition,” the agency has said.

The I-PAC office in Salt Lake too was searched.

“However, to the utter shock and surprise of the officers and everyone concerned”, the petition says, the chief minister, chief secretary, DGP, police commissioner, deputy police commissioner and “a force of about 100 policemen barged (in) by committing criminal/ house trespass…”.

They “illegally committed theft and forcibly took away documents which were taken in possession by the ED officials conducting the search”, it adds.

The petition says: “They not only started intimidating and threatening (ED) officers… but also snatched the files and electronic evidence containing incriminating material from the officers… (who were) threatened and were not permitted to conduct any further search.”

Since the chief minister and top police officers were “involved in the serious offences, approaching the local police for registration of FIR would… be a futile exercise,” the petition says. It underlines that the Bengal chief minister is also the home minister, under whom the police function.

“Moreover, the police officials who entered the residential premises (of Jain) were also carrying arms, namely pistols and rifles. Therefore, since the theft was committed with the preparation to cause death, hurt or restraint or fear of death or hurt or restraint,” an offence under Section 307 of the BNS is made out, the petition argues.

“Since the offence of theft was committed by causing the officers of ED to be put in wrongful restraint and/ or fear of instant death or of instant hurt or of instant wrongful restraint… the accused have also committed the offence of robbery (Section 309).

“Since the number of persons who had come with the Chief Minister were more than five and they committed robbery and since they were armed with deadly weapons, they are also guilty of committing the offence of dacoity (Section 310)… where the punishment prescribed is not less than 7 years.

“The (entry into the premises) was done with the intent to commit theft and other offences and it would be an offence of house trespass (punishable under Section 331)… and since the offence of house trespass has been committed in order to commit an offence punishable with imprisonment, the same shall also be punishable under S(ection) 332….

“Since two different offences have taken place -- one at the residential premises of Pratik Jain and another at the office premises of (I-PAC), this Hon’ble Court may also direct the CBI to register two separate FIRs.”

Apart from Mamata, those against whom the ED wants FIRs registered include DGP Rajeev Kumar, police commissioner Manoj Kumar Verma and the DCP South Kolkata, Priyabrata Roy.

HC ruckus

The ED has accused the state government of engineering the ruckus in Calcutta High Court that prevented the hearing of its petition on January 10.

“The fact that the supporters of the Chief Minister are involved in creating ruckus is evidenced from the WhatsApp message in the WhatsApp group by party members to come and gather in huge numbers in the court,” the petition says.