'Lawlessness If...': Supreme Court Jolt To Mamata Banerjee In ED Raid Case

In a big setback to the Mamata Banerjee government in West Bengal and the Kolkata Police, the Supreme Court has paused the FIRs registered against officers of the Enforcement Directorate in connection with their searches against the political consultancy I-PAC.

The bench of Justice Prashant Mishra and Justice Vipul Pancholi has also sought replies from the Ministry of Home Affairs, the Department of Personnel & Training, Mamata Banerjee and the Trinamool Congress government in Bengal on the central agency's petition seeking the suspension of Bengal's DGP Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, among others. The court has also sought a reply to the petition for a CBI probe in the matter.  

The ruling comes amid a face-off between the Enforcement Directorate and the Mamata Banerjee government after the latter searched premises linked to I-PAC, which handles election campaigns for the Trinamool Congress, in connection with a corruption case.

The Supreme Court said it is of the prima facie view that the central agency's petition raises a serious issue relating to investigation and interference by state agencies.

"There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?" the court said. The matter will be heard next on February 3.

Earlier, the Supreme Court today said it is "very much disturbed" by the chaos in the Calcutta High Court during a hearing related to the face-off between the central agency and the Bengal government.

The Enforcement Directorate has accused Banerjee and West Bengal officials of interfering with its investigation and searches at the offices of I-PAC.

Appearing for the central agency, Solicitor General Tushar Mehta accused Banerjee of "theft" and said she took evidence from the residence of IPAC co-founder Pratik Jain. "This kind of act will encourage state police officers to aid and abet such cases," he said, and demanded the suspension of top Bengal cops.

"This is mobocracy," Mehta told the court, describing the chaos in Calcutta High Court on January 9 when a battery of lawyers not linked to the case disrupted the proceedings, leading the judge to adjourn the hearing.

The bench asked if the high court was converted into Jantar Mantar. Solicitor General Mehta said a WhatsApp message asked lawyers to come to the court at a specific time, leading to the chaos.

Mehta said that "this is not the first time" that Mamata Banerjee has done this and urged the top court to settle the issue once and for all.

Appearing for Banerjee, Senior Advocate Kapil Sibal questioned the need for the ED to go to Bengal ahead of the Assembly polls. "The last development in the coal scam case took place in February 2024. What were they doing there in 2026. We all know IPAC takes care of elections in West Bengal. There is a formal contract between IPC and TMC," he said.

"Election data is confidential and it is all kept there. There will be a lot of info on candidates etc. Once you have info, how do we fight the election? Chairman (Banerjee) has the right to protect it and thus went there," he said.

Senior Advocate Abhishek Singhvi, appearing for the Bengal government and DGP, pointed to the Enforcement Directorate raising the issue in both the Calcutta High Court and the Supreme Court. Referring to the chaos on January 9, he said, "Yes, you had an issue on January 9 but that cannot be an excuse to ride two different horses. Sometimes emotions go out of hand and we understand what the court is saying. Relevant test is yesterday," he said. The bench replied, "Emotions cannot go out of hand repeatedly."