West Bengal Government and Mamata Banerjee Challenge ED's Supreme Court Plea, Warn of Threat to Federal Structure
The West Bengal government and Chief Minister Mamata Banerjee have strongly contested the maintainability of a plea filed by the Enforcement Directorate (ED) and its officers in the Supreme Court. The state and its chief minister argued on Wednesday that the agency cannot claim it possesses a "fundamental right" to investigate cases, emphasizing that allowing such writ petitions would severely undermine India's federal governance framework.
Constitutional Arguments Against ED's Petition
Appearing before a bench comprising Justices Prashant Kumar Mishra and N V Anjaria, senior advocates Shyam Divan and Kapil Sibal, representing the Bengal government and Chief Minister Mamata Banerjee respectively, presented detailed constitutional arguments. They asserted that ED and other investigative agencies—including the Central Bureau of Investigation (CBI), state Criminal Investigation Department (CID), and Serious Fraud Investigation Office (SFIO)—are not natural or legal persons entitled to invoke writ jurisdiction for alleged violations of fundamental rights under Article 32 of the Constitution.
"No agency or officer can claim to have a fundamental right to probe. I do not know how the issue of fundamental right comes into the picture. The officers have statutory rights and not fundamental rights. Their remedy is not in a writ petition but in the Bharatiya Nyaya Sanhita (BNS)," Kapil Sibal submitted during the hearing.
Warning About Precedent and Federal Structure
The advocates warned that permitting one government department to file a plea against another department or government for violation of fundamental rights would establish a dangerous precedent. Shyam Divan elaborated, "ED is not a juristic entity...it is nothing beyond a government department. It does not have by itself any personality and the Article 32 petition is not maintainable. If it is allowed then a situation can arise where Article 32 is used by one department against another department, or between the Centre and states. This would completely bypass the checks and balances embedded in the constitutional framework."
They urged the Supreme Court to refer the issue to a larger five-judge bench for authoritative adjudication, highlighting that the case carries wider implications for the federal structure, which is recognized as one of the basic features of the Indian Constitution. The advocates stressed that India must not be transformed into a unitary, non-federal country through such legal maneuvers.
Background of the Case and Political Context
The Supreme Court was hearing petitions filed by the ED and its officers against the West Bengal government, Chief Minister Mamata Banerjee, the then Kolkata Police commissioner, and other state officials. The petitions seek a CBI probe against these parties for allegedly obstructing ED officials from discharging their duties during raids conducted on January 8 at various locations in Kolkata, including the office of political consultancy firm I-PAC. These raids were part of a money laundering investigation linked to the coal scam case.
According to the ED's allegations, Chief Minister Mamata Banerjee arrived at the I-PAC premises during the search operation accompanied by senior Trinamool Congress (TMC) leaders and state police officers. She allegedly confronted ED officials and took away certain files and digital devices, thereby impeding the investigation. Following this incident, the Bengal police registered three First Information Reports (FIRs) against ED officials.
Broader Implications for Centre-State Relations
The outcome of this litigation is expected to hold significant importance as clashes between the central government and opposition-governed states have become increasingly frequent. Non-NDA states have repeatedly accused the Centre of utilizing its agencies, particularly the CBI and ED, for political purposes. Conversely, the central government has alleged that these states are protecting corrupt ministers and officials by obstructing the functioning of central investigative agencies.
This legal battle underscores the ongoing tensions in India's federal dynamics, with the West Bengal government and Chief Minister Mamata Banerjee positioning their defense as a safeguard against the erosion of constitutional checks and balances. The Supreme Court's decision on the maintainability of the ED's plea could set a critical precedent for how investigative agencies interact with state governments in the future.
