A Supreme Court division bench comprising Justices Prashant Kumar Mishra and Vipul M. Pancholi on Thursday issued notice on the Enforcement Directorate’s plea against West Bengal Chief Minister Mamata Banerjee and senior police officers, including Director General of Police Rajeev Kumar, calling the matter a “very serious issue.”

The solicitor-general Tushar Mehta, additional solicitor general S.V. Raju and special ED counsel Zoheb Hossain appeared before the bench for the central agency.

Senior counsels Kapil Sibal appeared for Mamata Banerjee, while Abhishek Manu Singhvi represented the state and DGP Kumar.

Senior advocate Shyam Divan appeared on behalf of the city police chief Manoj Verma and the divisional commissioner for the south Kolkata division, Priyabrata Roy.

The notice has been issued to the state, Mamata Banerjee, DGP Kumar, Verma and Roy for allegedly obstruction during raids carried out in the office of Trinamool’s political consultant I-PAC and the residence of one of its directors Prateek Jain.

The apex court also ordered a stay on the four FIRs filed against the ED officer.

The case will come up for hearing on February 3.

The Supreme Court’s observation

Justice Mishra: “… adherence of 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. According to us, 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 state or the other.

True it is that any central agency has no power to interfere with election work of any party, but at the same time, if central agencies are acting bona fide to investigate any serious offense, question arises as to whether taking shield of party activity, agencies can be restricted from carrying out power?”

On Mamata Banerjee’s role:

Solicitor General Tushar Mehta: “Officers of ED intimated local police… acting under section 17 of the Prevention of Money Laundering Act (PMLA) was to probe I-PAC. The CM Mamata Banerjee took away all the files. This is theft. She took a ED officer’s phone as well. This will only encourage such acts and the central forces will be demoralised. The state will feel they can barge in commit theft and then sit on dharna. Let an example be set where officers who were explicitly present there should be suspended.”

I-PAC and Bengal Assembly elections

Kapil Sibal: I-PAC takes care of elections in West Bengal. A formal contract entered by party with I-PAC in 2021. We assume ED knows about it.

Justice Mishra: Elections in West Bengal conducted by I-PAC or Election Commission?

Kapil Sibal: Series of data kept with I-PAC. When they went there, they knew lot of data of party will be there. Why was the need to go there in the midst of an election? Last statement in coal scam recorded on February 24, 2024. What were they doing since then? Why so keen in the midst of elections? If you get hold of the information, how will we fight the elections? Chairman had the right to go. Lies will be demonstrated if we show the video. We are also extremely disturbed. Why should ED go to a part of a party office which has all the information?

Justice Mishra: In the lighter vein what SG Mehta is suggesting that if money is laundered before elections then what can be done by ED.

Tushar Mehta: There are no elections in West Bengal.

Photographs as evidence

Justice Mishra: What are these photos you have filed?

Tushar Mehta: Of dharna, surrounded by police officers who should not have been there.

Justice Mishra: Some photos are coloured, some black and white.

Kapil Sibal: In a lighter vein, some truth is coloured, some is in black and white.

Ruckus in Calcutta High Court on January 9

Tushar Mehta: We approached the HC. Now see what happens when mobocracy overtakes democracy. See what the HC judge observes in the order. It notes a huge number of lawyers gathered creating commotion. She (Justice Shuvra Ghosh of the Calcutta High Court) stated the environment in court was not conducive for a hearing.

Additional solicitor general S.V. Raju: I was there. I will tell you.

Kapil Sibal: I was also there.

Justice Mishra: Don’t create ruckus here.

Justice Mishra: Was it Jantar Mantar?

Tushar Mehta: Yes, court was converted into Jantar Mantar. They had arranged buses and transport for all those members. HC passed an order saying only lawyers will enter the court and the hearing will be live streamed… ASG Raju’s microphone was continuously muted yesterday.

Bench: But that is in control of the court.

Tushar Mehta: I don’t wish to say anything.