ED vs Bengal fight over raids reaches top court

THe tussle betwixt the Enforcement board of directors (ED) and the Trinamool Congress-led due west Bengal regime o'er controversial raids linked to political consultancy firm I-PAC reached the Supreme Court on Saturday, with both sides separately moving the top court amid mounting political and legal tensions in the poll-bound state.ED has filed a writ petition before the Supreme Court, alleging that its investigation was deliberately obstructed by the state machinery and chief minister Mamata Banerjee during search operations conducted on Thursday at the residence of I-PAC director Pratik Jain and the firm’s office in Kolkata. The agency has sought directions for either a Central Bureau of Investigation (CBI) probe or an independent investigation into what it described as an unprecedented interference in a central agency’s functioning.Anticipating ED’s move, the West Bengal government on Saturday filed a caveat in the Supreme Court, requesting that no order be passed without hearing the state. A caveat is a formal legal intimation meant to ensure that the concerned party is heard before any interim relief is granted.According to people aware of the matter, ED is expected to urgently mention the matter before Chief Justice of India Surya Kant on Monday (January 12), contending that immediate judicial intervention is necessary to prevent destruction or tampering of evidence.In its petition, ED has narrated a detailed sequence of events surrounding the raids, terming them a showdown” triggered by the West Bengal government’s actions. The agency has claimed that Banerjee entered the raid sites, accompanied by senior state officials, and “forcibly removed” key physical documents and electronic devices, thereby compromising the integrity of the investigation.ED has argued that the involvement of local police officials made it impossible for the agency to continue its searches independently and fairly. Given the “sensitivity” of the matter, it has submitted that the probe cannot be entrusted to the state police and must be handed over either to CBI or an independent agency.The right of ED to conduct a fair and independent investigation has been curtailed by the state machinery, stated the petition, alleging obstruction of justice and violation of constitutional principles governing federal investigations.The dispute arises out of ED searches conducted at 10 premises -- six in West Bengal and four in Delhi -- linked to alleged coal smuggling kingpin Anup Majee, as part of a money laundering probe under the Prevention of Money Laundering Act (PMLA). Among the premises searched were the I-PAC office in Salt Lake and Pratik Jain’s residence in central Kolkata.ED has claimed that proceeds of crime worth nearly ₹10 crore were allegedly routed to I-PAC through hawala channels, and that the firm was paid by the Trinamool Congress for services rendered during the 2022 Goa Assembly elections. I-PAC has been associated with the TMC since the 2019 Lok Sabha polls and is currently working on the party’s election strategy ahead of the upcoming state elections.A day before moving the Supreme Court, ED approached the Calcutta High Court seeking registration of an FIR against Banerjee for allegedly obstructing its search operations. However, proceedings before both a single judge and a division bench led by the acting Chief Justice were deferred until January 14.In the interim, the Trinamool Congress and I-PAC filed counter-petitions in the high court, contesting ED’s allegations. The party maintained that the seized material related exclusively to election planning and campaign strategy, arguing that such documents fall outside the scope of PMLA. TMC accused ED of attempting to unlawfully access confidential political material under the guise of a criminal investigation.The family of Pratik Jain also filed complaints alleging theft of documents during the searches -- claims ED has firmly denied, insisting that all actions were lawful and backed by due process.Following Trinamool’s allegations, the Kolkata Police registered FIRs under criminal trespass, theft and Information Technology Act provisions, and began identifying ED officials accused of stealing documents. Police officials said CCTV footage, DVR recordings and witness statements had been collected, and notices would be issued once identification was complete.The police have claimed that ED and CRPF personnel conducted searches without proper intimation, obstructed local officers and failed to show warrants.The confrontation spilled onto the streets on Friday, with Banerjee leading a massive protest march in south Kolkata, flanked by prominent figures from the Bengali film industry. Accusing the BJP-led Centre of misusing central agencies to “steal” the TMC’s election strategy, Banerjee asserted that she had done nothing wrong by entering the premises linked to I-PAC. “I have done no wrong. Why did you come to do chori? You were stealing my data,” said Banerjee, claiming she intervened only to protect her party’s confidential documents.