New Delhi: The Supreme Court is likely to hear the case related to Enforcement Directorate (ED) Raids on I-PAC office on February 3. The apex court has issued notices to Trinamool Congress, West Bengal Police and Bengal Government and asked them to file affidavit in three days, according to reports. The court has also asked authorities to preserve the raid day (Jan 8) CCTV footage.
A Bench of Justice Prashant Kumar Mishra and Justice Vipul Pancholi also asked Banerjee, Kumar and others to respond to the ED’s prayer for a Central Bureau of Investigation (CBI) probe against them, reported Bar and Bench.
“We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and interference by State agencies. According to us, for adherence of rule of law in country and to allow each organ to function independently, it is necessary to examine the issue so that offenders are not allowed to be protected under the seal of law enforcing agencies of a particular State,” the Court observed, as reported the Bar and Bench.
According to the report, the Court opined that there would be lawlessness in the country if it does not examine the issues raised by the ED.
“According to us, large questions have been raised and are involved in the present matter which if allowed to remain undecided would further worsen the situation and there will be a situation of lawlessness prevailing in one or other state, considering that different outfits are governing different places,” the bench said, as quoted by Bar and Bench.
Earlier in the day, the ED on Thursday filed a fresh petition in the Supreme Court seeking the suspension of West Bengal’s Director General of Police (DGP) Rajeev Kumar in connection with its high-profile investigation into I-PAC raids.
The West Bengal government, meanwhile, has filed a caveat, requesting that no order be passed without hearing it regarding the agency’s raids on the political consultancy.
West Bengal Chief Minister Mamata Banerjee has accused the ED of acting with malafide intent in its recent raid on the office of political consultancy firm I-PAC, alleging that the central agency was fully aware that the premises housed sensitive and confidential election-related material.
In its application, the central probe agency alleged that Rajeev Kumar, along with other senior West Bengal police officials, interfered with ED officers during searches conducted on January 8 at the residence of I-PAC director Pratik Jain in Kolkata. The ED contends that such interference compromised the integrity of the searches and hampered its statutory investigation under the Prevention of Money Laundering Act.
According to the ED’s petition, Rajeev Kumar’s conduct during the operation—when he was Kolkata Police Commissioner—included participating in a sit-in protest (“dharna”) alongside West Bengal Chief Minister Mamata Banerjee, which the agency described as obstructionist.
The plea has named the West Bengal government, Rajeev Kumar, Kolkata Police Commissioner Manoj Kumar Verma, and South Kolkata Deputy Commissioner Priyabatra Roy among the respondents. The agency has called for the DGP’s removal from office and has urged the Supreme Court to direct a CBI investigation into the alleged interference.
The controversy stems from ED’s raids at the Salt Lake office of political consulting firm I-PAC and at Pratik Jain’s residence on January 8 as part of a money-laundering probe linked to an alleged multi-crore coal scam. I-PAC has been involved in electoral strategy for the Mamata Banerjee-led Trinamool Congress ahead of the upcoming West Bengal Assembly elections.
According to reports, senior advocate Abhishek Manu Singhvi, appearing for the West Bengal government and the state police, raised a limited objection on the maintainability of the ED’s petition before the apex court, reported India Today. The report states that Singhvi pointed out that the agency had already approached the Calcutta High Court on the same issue and had filed a plea before the Supreme Court only thereafter.
“The prayers are identical. The ED cannot ride two horses at the same time. This is nothing but forum shopping,” Singhvi told the bench, as quoted by India Today.
Arguing on behalf of ED, ASG Raju, said fair investigation won’t happen in West Bengal since allegations were made against the Chief Minister, DGP, India Today report claims.
In the Calcutta High Court earlier this week, the ED told the bench that it had not seized any documents or digital data during those January 8 searches, and the court subsequently disposed of a petition filed by the Trinamool Congress seeking protection of its alleged political data. The ED reiterated that whatever material was taken was removed from the premises by Mamata Banerjee, not seized by the agency.
