ED Moves SC Against Mamata Banerjee, Alleges Obstruction in I-PAC Probe
ED moves SC against Mamata Banerjee in I-PAC case

The Enforcement Directorate (ED) is set to approach the Supreme Court of India, seeking urgent intervention against what it calls the "unfortunate action" of West Bengal Chief Minister Mamata Banerjee. The central agency alleges she obstructed a money laundering probe and tampered with evidence in a case involving the political consultancy firm I-PAC.

ED Alleges State Police Acting Under Government Direction

In a significant escalation of the ongoing tussle between the Centre and the West Bengal government, the ED has decided to petition the apex court. The agency plans to file its plea late Saturday night or early Sunday morning. The core allegation is that the West Bengal Police, under the direction of the ruling Trinamool Congress (TMC) government, is actively working to thwart the investigation into the Prevention of Money Laundering Act (PMLA) case against I-PAC.

ED lawyers informed that the petition details how the state police registered an FIR against ED officials. The agency claims this was a deliberate move to coerce its officers and prevent them from conducting the investigation. The ED is striving to get the petition listed for an urgent hearing on Monday, with the Solicitor General likely to represent it if the Supreme Court agrees to hear the matter.

Calcutta HC Hearing Adjourned Amid Unruly Scenes

The decision to move the Supreme Court comes after the ED's attempt to seek relief from the Calcutta High Court faced hurdles. The agency informed the Supreme Court that a hearing scheduled for Friday was adjourned due to unruly scenes in the court. This prevented the ED from obtaining urgent interim orders it says are necessary to protect the sanctity of its investigation.

Anticipating the ED's move, the West Bengal government has already filed a caveat in the Supreme Court. This legal step is intended to prevent the ED from obtaining an ex-parte order without the state being heard. This conflict is part of a larger political slugfest that began in November 2018 when the state government withdrew general consent for the Central Bureau of Investigation (CBI) to operate in West Bengal.

ED Seeks Transfer of Case to Delhi High Court

In a related development, the Enforcement Directorate is also considering requesting the Supreme Court to transfer all pending petitions concerning the I-PAC case to the Delhi High Court. This includes its own petition and one filed by the Trinamool Congress. The agency argues that a transfer would ensure the matter is heard in an atmosphere conducive to fair adjudication by a constitutional court.

The ED had initially approached the Calcutta High Court on Friday with a dramatic 28-page petition. It sought a CBI probe against Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar, Kolkata Police Commissioner Manoj Varma, and others. The allegations are severe, including "theft of digital and other evidence, wrongful restraint and confinement of central government officers, and breakdown of the rule of law."

Detailed Allegations of CM's Direct Interference

The ED's petition provides a detailed chronology of events from Thursday. It alleges that Chief Minister Mamata Banerjee and her entourage tailed ED officials throughout their search operations. The first location was the Loudon Street residence of I-PAC director Pratik Jain, and the second was the firm's office in Salt Lake's Sector V tech hub.

According to the ED, the Chief Minister entered Jain's residence around 12:05 PM. The agency claims she "took possession of all digital devices along with key incriminating documents" directly from an ED officer, ignoring requests not to interfere. This investigation is linked to I-PAC's alleged role in money laundering connected to a 2020 coal scam.

Later, at the I-PAC office in Salt Lake, ED officers were allegedly obstructed for nearly four hours. The petition states that the Chief Minister, along with a contingent of TMC functionaries and workers, refused to leave the premises, preventing the officials from performing their duties.

The ED has also countered the Chief Minister's public allegations. She had claimed that Union Home Minister Amit Shah had sent the ED to "snatch" documents and digital storage containing TMC's election plans under the guise of the I-PAC investigation. The ED informed the High Court that its officials officially recorded the entire sequence of events in a panchnama, standard legal procedure for documenting searches.

Furthermore, the agency stated that multiple FIRs have been registered "in a malicious manner" against its officers simply for conducting a lawful PMLA investigation into I-PAC's financial dealings. I-PAC has been associated with the TMC and the West Bengal government for several years.