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Supreme Court Halts FIRs Against ED Officials in West Bengal Case

The Supreme Court has intervened in a case involving the Enforcement Directorate (ED) and the West Bengal Police, staying FIRs against ED officials. This follows allegations of obstruction during searches at the political consultancy I-PAC, which has been pivotal in managing the Trinamool Congress' election campaigns. Chief Minister Mamata Banerjee has been asked to respond to the ED's claims, as the state prepares for upcoming elections. The court emphasized the need to uphold the rule of law and ensure that legitimate investigations are not hindered. The matter is set for further hearing in February, raising significant questions about the intersection of law enforcement and political activities.
 

Supreme Court's Intervention

On Thursday, the Supreme Court intervened by staying the first information reports filed by the West Bengal Police against officials from the Enforcement Directorate (ED). This action is linked to the agency's searches at the political consultancy I-PAC on January 8.


The court also directed Chief Minister Mamata Banerjee and several police officers from West Bengal to respond to a petition from the ED, which claims that its searches were obstructed.


The searches took place at I-PAC's office in Kolkata's Salt Lake area, the residence of its head Pratik Jain, and a trader's office in the Posta neighborhood, as part of an investigation into suspected money laundering activities.


I-PAC has been instrumental in managing the Trinamool Congress' election campaigns, including during the 2021 Assembly elections.


During the search, Banerjee visited Jain's residence and stayed for approximately 20 to 25 minutes. She emerged with a green file, alleging that ED officials were removing party documents ahead of the upcoming Assembly elections.


The state is anticipated to hold elections in the next three to four months.


In response to the raids, both the Trinamool Congress and I-PAC filed a petition in the Calcutta High Court to contest the legality of the searches.


The ED also approached the High Court, claiming 'illegal interference' during its operations, but the case was postponed at the agency's request.


The ED's petition to the Supreme Court was filed under Article 32 of the Constitution, which allows individuals to seek enforcement of their fundamental rights.


A bench of Justices Prashant Kumar Mishra and Vipul M Pancholi remarked that the alleged interference by the state in the ED's operations is a serious matter that warrants thorough examination.


The bench emphasized the importance of maintaining the rule of law and allowing each governmental body to operate independently, stating that unresolved issues could lead to increased lawlessness in various states.


While central agencies are not permitted to interfere with political parties' election-related activities, the court noted the need to investigate whether legitimate inquiries into serious crimes can be hindered due to potential impacts on party operations.


The ED has also requested a Central Bureau of Investigation inquiry into the alleged obstruction of its work.


The Supreme Court has issued notices to the West Bengal government, Banerjee, the state's Director General of Police Rajeev Kumar, Kolkata Police Commissioner Manoj Kumar Verma, and Deputy Commissioner of Police (South Kolkata) Priyabatra Roy.


These respondents are required to submit their counter-affidavits within two weeks, with the next hearing scheduled for February 3.


In a separate matter, the High Court disposed of a petition from the Trinamool Congress seeking protection for confidential political data, after the ED confirmed that no documents were seized during the searches.


The Additional Solicitor General representing the ED stated that any documents or electronic devices removed were taken by Banerjee, not by the agency.