A panel of Justices Prashant Kumar Mishra and Vipul Pancholi indicated their intent to issue a notice and scrutinize the situation. “This is a very serious matter; we will issue a notice. We must examine it,” they stated orally.
The highest court also voiced concerns regarding the disorder at the Calcutta High Court during the hearing of the ED raids case. The Calcutta High Court had postponed the hearing on petitions related to the ED’s search and seizure operations at locations associated with the political consultancy firm I-PAC until January 14, citing unmanageable disruptions within the courtroom.
During the proceedings, the ED asserted that the West Bengal government’s “interference and obstruction” during the agency’s raids revealed a disturbing trend. Solicitor General Tushar Mehta, representing the ED, mentioned that Banerjee had a history of intervening when statutory authorities exercised their powers.
“States might think they can intervene, commit theft, and then stage a protest. An example must be set; officers who were explicitly present should be suspended,” the solicitor general remarked.
Mehta claimed that there was evidence of incriminating material located in the I-PAC office. “An example must be set, and officials present there should be suspended. Direct the competent authority to act, and please be aware of the current situation. We are here to uphold our officers’ fundamental rights. We act in accordance with the law and do not seize for personal benefit,” he stated.
He also pointed out that a large number of advocates and other individuals had entered the Calcutta High Court during the hearing of the ED’s request, resulting in an adjournment. “This occurs when mobocracy replaces democracy,” Mehta commented to the Supreme Court.
Senior advocate Kapil Sibal contested the ED’s application, advocating that the case should first be addressed by the Calcutta High Court and that the established hierarchy should be respected. Referring to a video of the raid, he declared, “It is a blatant falsehood that all digital devices were taken. The claim that CM Mamata Banerjee took all devices is false, as evidenced by the ED’s own panchnama (search record).”
“The last statement in the coal scam was recorded in February 2024; what was the ED doing in the meantime? Why the urgency during election time?” he queried.
The ED’s request to the Supreme Court follows events of January 8, when its officials experienced obstruction during raids at the I-PAC office in Salt Lake and the Kolkata residence of its director, Pratik Jain, in connection with the coal smuggling investigation. The ED has claimed that Banerjee entered the premises and removed “key” evidence related to the investigation, including physical documents and electronic devices.
Banerjee has accused the central agency of overreach, while her party, Trinamool Congress (TMC), has refuted the ED’s claim of obstruction. The state police have filed an FIR against ED officers.
Earlier on Thursday, the ED approached the Supreme Court seeking the suspension of West Bengal Director General of Police (DGP) Rajiv Kumar and disciplinary action against senior officials of the West Bengal Police, alleging misconduct and lack of cooperation during the investigation. The central agency requested the apex court to instruct the Department of Personnel and Training (DoPT) and the Union Ministry of Home Affairs to initiate disciplinary proceedings against the concerned officials.
The West Bengal government has also submitted a caveat in the Supreme Court, requesting that no orders be made without hearing its stance in relation to the ED raids against I-PAC and its chief, Pratik Jain.
The TMC has argued that the ED’s actions were aimed at accessing confidential election strategy materials, as I-PAC serves as the party’s election strategist. The party alleged that the central investigation was intended to disrupt its electoral preparations ahead of the forthcoming Assembly polls in West Bengal.
The hearing in the Supreme Court is currently ongoing.
Assembly polls are scheduled to take place in West Bengal in a few months.
