Top Court's Bengal "President's Rule" Question To Probe Agency In I-PAC Case

The Enforcement Directorate has told the Supreme Court it has not been arguing that there has been a complete breakdown of constitutional machinery in West Bengal. The solicitor general also clarified that the ED's argument was that there was a breach of the rule of law in the I-PAC case, and it should not be understood as a failure of the constitutional machinery.

The Supreme Court said an argument of breakdown of constitutional machinery will have "far-reaching consequences", as it can lead to President's rule.

Yesterday, the Supreme Court said democracy was put in peril if a chief minister intervened in an ED probe, in the alleged obstruction by West Bengal Chief Minister Mamata Banerjee during an ED raid in Kolkata. The court was hearing arguments on the ED's petition that alleged obstruction by Banerjee and other state authorities during its January 8 search of the office of political consultancy firm Indian Political Action Committee (I-PAC) in Kolkata in connection with a money laundering probe.

"You are very seriously arguing about the extensive breach of law. It has very far-reaching overtones. We hope that you are not hinting at the breakdown of constitutional machinery because that's a very large concern." Justice NV Anjaria said.

"That's a larger concern," the solicitor general replied.

"We hope that you are not driving at that," Justice Anjaria said.

To this, the government lawyer said, "The ED can never argue that. I will answer it in that fashion. And I am for officials and the institution. Because this position has been for many years. What is in your lordship's mind could have happened earlier."

"There is no suggestion. We are asking in the context of the controversy arising," the Supreme Court judge said.

"Whatever your lordship decides is not going to be used for a purpose other than what is projected in the petition. There is nothing up the sleeve. Let me be very candid and clear about it. It's not that I am doing something," the solicitor general said.

An internal I-PAC email has confirmed that the agency has paused its ground operations for 20 days. I-PAC has been involved in managing the Trinamool Congress's campaign. An internal communication from I-PAC's human resource team which was sent last week cited "certain legal issues" behind the decision to stop work. It said the management has decided to pause operations in West Bengal with immediate effect.

The mail said the organisation is cooperating with the legal process and expressed confidence that "justice will take its due course." Sources within I-PAC said the HR email that surfaced on social media was authentic.