ED moves SC over ‘interference’ from Mamata govt in I-PAC raids, Bengal files caveat

The Enforcement Directorate (ED) has approached the Supreme Court and filed an Article 32 petition, alleging that its investigation into the I-PAC coal scam case was obstructed by the West Bengal government and Chief Minister Mamata Banerjee. ED has sought a Central Bureau of Investigation (CBI) probe into the incident, claiming that its “right to conduct a fair and independent investigation has been curtailed by the state machinery”. The ED moved the apex court after the Calcutta High Court deferred hearings on its plea and postponed proceedings until after January 14.

The agency has submitted details of the “showdown” during search operations at the premises of political consultancy firm I-PAC, which has been helping Mamata Banerjee’s Trinamool Congress with election strategy. The probe agency’s officials were prevented from carrying out searches and seizing material relevant to the coal smuggling probe. It further alleged that physical documents and electronic devices were forcibly removed from the premises in the presence of senior state officials.

The ED says the interference by state authorities, including police personnel, amounted to obstruction of justice and compromised the integrity of its probe.

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Bengal government files caveat

Anticipating the ED’s move, the West Bengal government had filed a caveat in the Supreme Court. A caveat is a formal request seeking that no order be passed in a matter without hearing the concerned party. The Bengal government’s move ensured that its version is placed before the court before any interim relief is granted to the ED.

ED had conducted raids on the premises of I-PAC, which was part of its investigation into a multi-crore coal scam. ED claims that proceeds of crime worth nearly Rs 10 crore were allegedly routed to I-PAC through hawala channels, and the firm was paid by the Trinamool for services rendered during the 2022 Goa Assembly elections.

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Calcutta High Court deferred hearing

The ED had moved the Calcutta High Court on Friday seeking registration of an FIR against Mamata Banerjee for allegedly “obstructing” its search operations, but hearings were deferred after both a single-judge bench and a division bench led by the acting Chief Justice postponed proceedings until after January 14.

The Trinamool and I-PAC had also filed counter-petitions in the Calcutta High Court, contesting the ED’s claims.

The ED has urged the top court to intervene, asserting that without judicial protection, central agencies would be unable to function independently in states where they face institutional resistance.

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The ED’s move came after failing to get urgent relief from the Calcutta High Court, where it sought a CBI investigation into the role of Banerjee, senior police officials, and others for allegedly obstructing its raids in Kolkata against political consultancy firm I-PAC and its director on Thursday. However, proceedings in the High Court were adjourned after chaos broke out in the courtroom. The disruption forced the judge to leave the bench, leading to the hearing being halted and deferred.

The ED has alleged that the chief minister took away incriminating documents from the agency’s custody during the raid at Jain’s home.