Supreme Court (left) and Mamata Banerjee.
Credit: PTI Photos
New Delhi: The Supreme Court on Thursday said that there would be lawlessness in the country if it does not examine the issues raised by the Enforcement Directorate's plea alleging obstruction and interference during the raids on a political consultancy firm and its co-founder's residence Pratik Jain in Kolkata by West Bengal Chief Minister Mamata Banerjee and the state police chief.
The top court issued notice to Banerjee, and others and sought their replies on the probe agency's petition seeking CBI into the matter, within two weeks.
"We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and interference by State agencies. There would be lawlessness in the country if it does not examine the issues raised by the ED," a bench of Justices Prashant Kumar Mishra and Vipul M Pancholi said.
The court opined it was very necessary for it to examine the issue to ensure adherence of the rule of law in the country and to allow each organ to function independently.
The court also sought a response from the Director General of Police Rajeev Kumar and others on the ED's plea, which raised questions over unprecedented developments.
Upon hearing Solicitor General Tushar Mehta, and Additional Solicitor General S V Raju for the ED and senior advocates Kapil Sibal, A M Singhvi and Shyam Divan for the WB CM and others, the bench also made it clear that the central agency cannot interfere with the election work of a political party, but bona fide investigation cannot be interfered by them.
The court directed the West Bengal government to preserve the CCTV footage of the premises searched and the surrounding areas.
It also stayed the proceedings in the FIR lodged by the West Bengal police against the ED officers who conducted searches in the premises in money laundering probe related to coal pilferage scam.
In his submissions, Mehta asked the court to take cognizance of the matter, as it was ''a very very serious issue''. He accused the CM of indulging in theft as she not only took away evidence but also the phone of an ED officer, when she barged into the place where the search was being conducted last week.
"This will only encourage such acts and the central forces will be demoralised. The State will feel they can barge in commit theft and then sit on dharna,'' he said.
"Let a message go once and for all,'' he said, also seeking suspension and departmental proceedings against the DGP and others who accompanied Banerjee.
He also referred to commotion during the hearing before the Calcutta High Court allegedly by lawyers from the ruling party.
Raju sought a direction for registering an FIR, claiming that it was a case of theft, robbery and dacoity. Since the head of the police is accompalice and Banerjee is Home Minister, a CBI probe was required.
Raising the issue of maintainability, senior counsel Sibal asked why there should be parallel proceedings when a plea was pending before the High Court. He said that there was a pattern of ED's interference in the States where elections are scheduled.
"What was the need to go there in the midst of election? Last statement in the coal scam was recorded on February 24, 2024. What were they doing since then,'' he asked, justifying Banerjee's act as chairman of her political party during the search operations on January 8, 2026.
He claimed it was a blatant lie to claim all digital devices were taken away.
Singhvi, appearing for the state government and the DGP, also raised the issue of maintainability of the writ petition, by terming the instant plea as forum shopping, since a similar plea was pending before the High Court.
In its plea, the central anti money laundering agency, contended, "the Chief Minister of West Bengal has made a pattern to take law into her hands and misuse the State police whenever any crime is investigated which is not of her likings or which has the potential of some incriminating material against her, her ministers, her party workers or few officials working in cahoots is likely to be found.”
Claiming that the matter disclosed a shocking state of affairs, the agency said, it was forced to approach the apex court in view of extraordinary and unusual circumstances.
The Enforcement Directorate stated, 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.