New Delhi, Jan 15 (UNI) The Supreme Court today stayed the First Information Reports (FIRs) registered by the West Bengal Police against Enforcement Directorate (ED) officers who had carried out searches at the premises of political consultancy firm I-PAC and the residence of its co-founder Pratik Jain.
A Bench comprising Justice Prashant Kumar Mishra and Justice Vipul Pancholi issued notice to West Bengal Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar and others on a petition filed by the ED alleging obstruction of its search operations.
The Court also sought their response to the ED’s plea seeking a Central Bureau of Investigation (CBI) probe into the incident.
Observing that the petitions raised “serious questions”, the Bench said it was prima facie of the view that the matter involved interference by State agencies in investigations conducted by Central agencies.
“For adherence to the rule of law and to allow each organ to function independently, it is necessary to examine these issues so that offenders are not protected under the seal of law-enforcing agencies of a particular State,” the Court observed.
It cautioned that failure to examine such issues could lead to a situation of “lawlessness” in one or the other State.
The Court clarified that while central agencies have no authority to interfere in election-related activities of political parties, political parties equally cannot obstruct bona fide investigations by statutory agencies.
Directing an immediate intervention, the Bench granted two weeks’ time to the respondents to file their replies.
In the meantime, it ordered the preservation of CCTV cameras and other storage devices containing footage of the premises searched by the ED, as well as CCTV footage of the surrounding areas.
Apart from seeking a CBI probe, the ED has also sought directions for the return of documents and electronic devices allegedly taken by Chief Minister Banerjee from the search sites. The matter is listed for further hearing on February 3.
The controversy stems from ED searches conducted last week in connection with a 2020 money-laundering case linked to alleged coal smuggling involving businessman Anup Majee.
During the searches, Chief Minister Banerjee entered the I-PAC office and the residence of its co-founder, alleging that sensitive political data of the Trinamool Congress was being targeted.
The ED, however, termed her actions a “direct assault” on its powers under the Prevention of Money Laundering Act (PMLA).
During the hearing, Solicitor General Tushar Mehta, appearing for the ED, described the incident as “very serious” and sought strict action, including suspension of police officers who accompanied the Chief Minister.
He also pressed for a stay on FIRs lodged against ED officers, contending they were filed to intimidate and demoralise central forces.
Senior Advocate Kapil Sibal, representing the Chief Minister, opposed the ED’s plea, arguing that the matter should first be heard by the Calcutta High Court, where similar proceedings are pending.
He contended that Banerjee had acted in her capacity as Trinamool Congress chairperson to protect confidential election-related data and denied any obstruction of the ED’s search.
Senior Advocates Abhishek Manu Singhvi and others, appearing for the State and senior police officials, also questioned the maintainability of the ED’s petition under Article 32, alleging forum shopping.
After hearing all sides, the Supreme Court stayed the FIRs against the ED officers and proceeded to examine the broader issues raised, underscoring the need to protect institutional independence and the rule of law.
