'You want ED to inform Bengal govt about CM Mamata Banerjee barging during raid': Supreme Court

New Delhi: The Supreme Court on Tuesday asked if the Enforcement Directorate (ED) would inform the state government, headed by the West Bengal Chief Minister Mamata Banerjee, if she barges in during a raid by the central agency sleuths.

A bench of Justices Prashant Kumar Mishra and N V Anjaria asked the question as senior advocate Kapil Sibal, representing the West Bengal government, contended that ED can't file a writ petition, instead, it should have informed the state government of obstruction if any, during the search at I-PAC office and premises in Kolkata.

The bench told the state's counsel that some officers of the ED have also petitioned it in their individual capacity. The court asked the state’s counsel to answer whether the agency's officers ceased to be Indian citizens merely because they were officers of ED.

“Please concentrate on the fundamental right of the officers of the ED qua whom the offence has been committed. Otherwise, you will miss the point. You can’t forget the second petition, which is preferred by individual officers who are the victims of the offence. You will be in difficulty; I am telling you. Don’t just say ED, ED, ED," the bench told Sibal.

The state government, for its part, raised preliminary objections regarding the maintainability of pleas filed by the ED and its officers under Article 32, seeking an investigation by the CBI into the alleged obstruction of the ED's raid of I-PAC, the political consultant of Trinamool Congress.

Sibal contended that if a public officer has been obstructed from performing his duties, then that officer can begin prosecution under the Bharatiya Nyaya Sanhita, and ED cannot invoke Article 32 jurisdiction.

It was submitted to the bench that the state police can investigate the matter regarding the alleged obstruction caused to the ED during the raid.

The bench orally asked Sibal if the chief minister barges in and if the CM commits any offence, the ED will inform the state government, which is headed by the CM.

“If the CM barges in and commits an offence, according to your submissions, will ED inform the state government, whose chief minister has barged in. That is your argument, we have understood,” the bench told Sibal.

Sibal said the court is getting upset for no reason.

Justice Mishra said he is not upset, but is just trying to explain that the bench has understood his submission.

“The court is assuming that the CM has committed offences,” Sibal said Sibal, adding that it is the ED’s allegation against the West Bengal CM.

Solicitor General Tushar Mehta, representing the ED, said the information is published everywhere and that the CM appears in the media claiming she collected all the evidence gathered by the ED.

The bench replied that an allegation is always based on some facts, and if there are no facts, then there would be no allegation.

Sibal said that it is to be investigated, to which the bench replied, “Yes, that is what they (ED) are praying for, we are just trying to apprise you that what we have gathered from your argument”.

Sibal said that investigative agencies can't claim they have a fundamental right to investigate.

Senior advocate Kalyan Banerjee argued that the officers belong to the Ministry of Revenue, who are posted under the department of the ED. He said, however, this does not change the fact that the aggrieved is the government of India, which can't invoke the writ jurisdiction.

The court said it will continue to hear in April the petition filed by the ED seeking lodging of CBI FIR against Chief Minister Banerjee and the state police officials who allegedly obstructed its raid. ED officers filed another plea challenging the FIR registered against them by the West Bengal Police.