File photo of outside the residence of Pratik Jain, director of political consultancy firm I-PAC, in Kolkata, the Supreme Court of India (inset).
Credit: PTI Photos
New Delhi: The West Bengal government has urged the Supreme Court to dismiss a writ petition filed by the Enforcement’s Directorate in respect to the raid at political consultancy firm, I-PAC in Kolkata, contending if the plea was admitted, it would set a dangerous precedent.
It contended that the plea was “not maintainable” in fact or in law under Article 32 of the Constitution and should “be dismissed at the threshold with exemplary costs”.
On January 15, dealing with the ED's writ petition claiming obstruction by Chief Minister Mamata Banerjee, the court had said that “it is a very serious matter”.
The affidavit said the writ petition does not disclose, even on a bare reading, the infringement of any fundamental right of any of the petitioners and therefore they cannot invoke the jurisdiction of the apex court.
The affidavit said the writ petition also appears to contain a disputed question of fact which should not be looked into by this court in a matter where a question of infringement of fundamental right does not and cannot arise.
The state government contended that ED does not have fundamental rights enabling it to file a writ petition before the apex court, and also questioned the "parallel proceedings" before the high court as well as the Supreme Court.
“The said writ petition does not contain any specific or cogent averment establishing or even alleging the involvement of the answering respondent in the matters complained of. In the absence of any such specific pleadings, the allegations/contentions sought to be raised against the answering respondent are vague, baseless, and bad in law,'' the affidavit said.
It also said that the state should be struck off from the array of parties to the said writ petition.
The affidavit said the ED’s writ petition is a blatant misuse of Article 32 whereby its clearly defined constitutional jurisdiction is being sought to be expanded wantonly and in a cavalier fashion where the state is claiming infringement of fundamental rights against private persons. “A state alleging violation of fundamental right in these facts is irrational and has no basis in fact or law”, it added.
ED officials had conducted searches on January 8 at the office of I-PAC in Kolkata in connection with the coal scam money laundering probe.
The agency said the situation in West Bengal was serious and that Chief Minister Mamata Banerjee, along with senior police officials, including the DGP and the Kolkata Police Commissioner, were involved in cognisable offences that require registration of an FIR, as mandated by Lalita Kumari Vs Govt of UP (2014) judgement of the Supreme Court.
The ED sought a CBI probe against the CM, DGP, and the Kolkata police commissioner, claiming that they have obstructed a lawful money laundering probe, forcibly snatching digital devices and documents, and wrongfully confining ED officers during search operations at the political consultancy firm I-PAC.