The Supreme Court has stayed, for the present, the FIR registered against Enforcement Directorate officials in connection with the raid at the I-PAC office. The court issued notice to the West Bengal government and directed that all records and CCTV footage from the raid be preserved.
The matter relating to the Enforcement Directorate raid at the I-PAC office in Kolkata, the capital of West Bengal, has reached the Supreme Court. The ED alleged that the state government and the police interfered with its investigation and forcibly took away important documents. In this case, the Supreme Court has stayed the FIR lodged against ED officials. The court issued notice to the West Bengal government seeking its response and stated that any interference in the investigation of a central agency would not be acceptable.
The Supreme Court bench hearing the matter stated that interference by any state government or police in the investigation of central agencies is against the law. The court ordered that the FIR against ED officials will remain stayed until the next hearing. It further directed that all records, including searches conducted during the raid and CCTV footage and other recording devices, be secured. The court said that the serious legal questions raised in the matter require consideration and cannot be ignored.
Appearing for the ED, Solicitor General Tushar Mehta submitted that Chief Minister Mamata Banerjee, along with the state police, obstructed the investigation. The ED alleged that during the raid, Mamata Banerjee herself reached the I-PAC office and forcibly took away laptops, mobile phones and important documents belonging to ED officials. The agency further stated that the state administration interfered with the search being conducted under the Prevention of Money Laundering Act in the presence of the Kolkata Police Commissioner and the Director General of Police.
The ED sought directions from the court for the suspension of the West Bengal Director General of Police and the Kolkata Police Commissioner and requested that the matter be handed over to the CBI for investigation. The agency stated that a fair investigation is not possible in the state and that ensuring the independence of the central agency’s probe is necessary.
On behalf of the West Bengal government and Chief Minister Mamata Banerjee, senior advocates Kapil Sibal and Abhishek Manu Singhvi rejected the allegations made by the ED. They submitted that the I-PAC office contained only confidential election-related data which had no connection with the ED’s investigation.
The state government asserted that the Chief Minister is entitled to Z-category security and the presence of police officers with her was natural. It was stated that Mamata Banerjee visited the office only for a few minutes and that no documents were seized. They also submitted that the panchnama does not record the seizure of any documents.
Chief Minister Mamata Banerjee questioned the ED’s action, stating that it was politically motivated. She said it was unclear why the agency became active in Bengal after two years and just ahead of elections. She stated that her purpose was only to inspect election-related activities and not to conceal or seize any documents.
The Supreme Court issued notice to the West Bengal government and directed it to file its response within two weeks. At the next hearing, the court will consider whether and to what extent the state government interfered in the ED’s independent investigation. As per the court’s directions, all records and CCTV footage from the raid will be preserved and no tampering will be permitted.
