The Supreme Court has stepped into the growing standoff between the Enforcement Directorate and the West Bengal government, issuing notices to Chief Minister Mamata Banerjee, the state government, and Director General of Police Rajeev Kumar over allegations of obstruction during ED searches at the I-PAC office.
The notices were issued after the ED approached the top court claiming that its officers were prevented from conducting a lawful investigation during raids carried out last week. The agency alleged that state authorities interfered in the probe and even registered FIRs against ED officials in what it described as an attempt to intimidate investigators.
A bench of Justice Prashant Kumar Mishra and Justice Vipul Pancholi observed that the matter raises serious questions about the independence of central investigating agencies and the rule of law. The judges said that such issues cannot be ignored, as they could lead to a situation where agencies are unable to perform their duties freely.
The court has asked Mamata Banerjee, the West Bengal government, and other respondents to submit their counter-affidavits within two weeks. It has also sought their response to the ED’s request for a Central Bureau of Investigation probe into the alleged obstruction.
In a significant order, the Supreme Court has directed that all CCTV footage from the searched I-PAC premises and nearby areas must be preserved. It also ordered the preservation of all storage devices containing video recordings related to the searches. This step is aimed at ensuring that crucial evidence is not lost or tampered with while the matter is under judicial scrutiny.
The bench also stayed the FIRs registered by the West Bengal Police against ED officers who were part of the raid, giving temporary relief to the central agency.
The dispute stems from ED searches conducted as part of a money-laundering investigation linked to a 2020 case involving businessman Anup Majee, who is accused of being part of a coal smuggling racket. During the raids, Mamata Banerjee visited the I-PAC office and the residence of its co-founder. The ED has alleged that she removed certain documents and electronic devices from the premises, claiming they contained political party data.
I-PAC has been associated with the Trinamool Congress since the 2019 Lok Sabha elections, which has added a political dimension to the controversy.
While hearing the matter, the Supreme Court made it clear that central agencies have no authority to interfere in election-related activities of political parties. However, it also stated that political parties and state authorities cannot be allowed to obstruct bona fide criminal investigations carried out under the law.
The ED has also sought directions from the court for the return of the materials that were allegedly taken away from the I-PAC-linked premises. According to the agency, these documents and digital devices are vital to the money-laundering probe.
The Supreme Court will take up the matter again on February 3, when it will review the responses filed by Mamata Banerjee, the state government, and other parties involved. The case is expected to have wide implications for the balance of power between central investigative agencies and state governments.