The Supreme Court today stayed the FIRs registered by the West Bengal Police against Enforcement Directorate (ED) officials in connection with the recent searches at the premises of political consultancy firm I-PAC and the residence of its co-founder, Pratik Jain, in Kolkata.
The Apex Court observed that the petitions raise serious questions of alleged interference by state agencies in a central investigation. A Bench of Justices Prashant Kumar Mishra and Vipul Pancholi issued notice to West Bengal Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar, Kolkata Police Commissioner and others on the ED’s pleas alleging obstruction during the search operations conducted last week. The Bench granted two weeks to the respondents to file their counter-affidavits, listing the matter for further hearing on the 3rd of next month.
In its interim order, the apex court also directed preservation of CCTV footage and other storage devices containing recordings of the searched premises as well as the surrounding areas till the next date of hearing. Stressing the need for adherence to the rule of law, the Supreme Court observed that if such issues are allowed to remain undecided, it could lead to a situation of lawlessness.
Seeking urgent judicial intervention, the ED has claimed that its officials faced resistance and were prevented from carrying out their duties in accordance with the law during the simultaneous search operations at I-PAC’s office and Pratik Jain’s residence. The agency has also alleged that interference by West Bengal authorities compromised the integrity of its investigation.
In a fresh application, the ED has also sought action against senior West Bengal Police officials, including the DGP, alleging that they acted in concert with Chief Minister Mamata Banerjee to obstruct the probe and facilitate the alleged removal of evidence. The Apex Court also agreed to examine whether a state’s law-enforcing agencies can interfere with any central agency’s investigation into any serious offence. Solicitor General Tushar Mehta, appearing for the ED, told the bench that in the past, also, whenever statutory authorities exercised statutory power, Chief Minister Mamata Banerjee barged in and interfered. He said it reflected a very shocking pattern. Senior advocate Kapil Sibal opposed Mehta’s arguments, saying that it is a blatant lie that all digital devices were taken.
