I-PAC raids: SC calls Bengal govt’s obstruction allegations ‘very serious’ as ED calls for DGP’s suspension

The Supreme Court on Thursday termed as “very serious” the Enforcement Directorate’s (ED) allegation that it faced obstruction by the West Bengal government and Chief Minister Mamata Banerjee during searches at the I-PAC office and its director’s premises in connection with an alleged coal theft scam.

A bench of Justices Prashant Kumar Mishra and Vipul Pancholi said they intended to issue an opinion and examine the case. “This is a very serious matter; we will issue an opinion. We must examine it,” he declared orally.

The apex court also expressed concern over the commotion in the Calcutta High Court during its hearing in the ED raids case. The Calcutta High Court had adjourned until January 14 the hearing on petitions related to the ED’s search and seizure operations at sites linked to political consultancy firm I-PAC, citing unmanageable chaos inside the courtroom.
During the hearing, the ED alleged that the West Bengal government’s “interference and obstruction” during the probe agency’s raids reflected a shocking pattern. Solicitor General Tushar Mehta, appearing for the ED, said Banerjee had already stormed in whenever the statutory authorities exercised their power.

“States will feel that they can barge in, commit theft and then sit on a dharna. Let us set an example, the officers who were explicitly present there should be suspended,” the solicitor general added.

Mehta said there was evidence that incriminating documents were in the I-PAC office. “Let an example be set and the officers explicitly present be suspended. Order the appropriate authority to act and please take note of what is happening. We are here to protect the fundamental rights of our officers. We act in accordance with the law and do not seize for personal gain,” he said.

He also said that a large number of lawyers and others entered the Calcutta High Court during the hearing of the ED’s plea, leading to an adjournment. “This happens when Mobocracy replaces democracy,” Mehta told the Supreme Court.

Senior advocate Kapil Sibal opposed the ED’s plea, insisting that the matter be first heard by the Calcutta High Court and proper hierarchy be followed. Referring to a video recording of the raid, he said, “It is a blatant lie that all the digital devices were confiscated. The allegation that CM Mamata Banerjee took all the devices is a lie, supported by ED’s own panchnama (search file).”

“The last statement regarding the coal scam was recorded in February 2024; what has ED been doing since then? Why is it so enthusiastic in the middle of an election?” he asked.

The ED’s plea in the apex court follows the events of January 8 when its officials faced obstruction during searches at the I-PAC office in Salt Lake and the residence of its director, Pratik Jain, in Kolkata in connection with the coal smuggling case. The ED alleged that Banerjee entered the premises and took away “key” evidence related to the investigation, including physical documents and electronic devices.

Banerjee accused the central agency of going too far, while her party, the Trinamool Congress (TMC), denied allegations of obstruction by the ED. The state police have registered an FIR against ED officers.

Earlier on Thursday, the ED had moved the Supreme Court to suspend West Bengal Director General of Police (DGP) Rajiv Kumar and take disciplinary action against senior officials of the West Bengal Police, alleging misconduct and lack of cooperation during the investigation. The central agency urged the apex court to direct the Department of Personnel and Training (DoPT) and the Union Home Ministry to initiate disciplinary proceedings against the officials concerned.

The West Bengal government has also filed a petition in the Supreme Court, seeking that no order be passed without hearing it in connection with the ED raids against I-PAC and its leader Pratik Jain.

The TMC argued that the ED’s action was aimed at accessing confidential documents on electoral strategy, as I-PAC acts as the party’s electoral strategist. The party alleged that the central probe was aimed at disrupting its election preparations ahead of the upcoming Assembly polls in West Bengal.

The hearing before the Supreme Court is currently underway.

Parliamentary elections will be held in West Bengal in a few months.