Supreme Court to hear ED’s plea alleging obstruction by Mamata Banerjee during I-PAC raid under PMLA probe.
Case in NewsSupreme Court hearing ED plea against Mamata over alleged obstruction during I-PAC raid tomorrow . |
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Case Overview
Case Name: Directorate of Enforcement and Anr. v. State of West Bengal and Ors.
The Supreme Court of India is set to examine a writ petition filed by the Enforcement Directorate under Article 32 of the Constitution of India . The matter will be heard by a Bench comprising Justice Prashant Kumar Mishra and Justice Vipul Pancholi . The dispute stems from an ED search at the Kolkata office of I-PAC, a political consultancy linked with the ruling Trinamool Congress . The ED has named the State of West Bengal, Chief Minister Mamata Banerjee, senior police officials, and others as respondents alleging interference with a money laundering investigation .
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Key Aspects
The controversy raises serious questions regarding the independence of central investigating agencies and the role of state authorities during lawful searches . The ED claims that events during the raid directly hampered its investigation and created an atmosphere of intimidation for officers discharging statutory duties .
- ED was conducting searches under the coal scam money laundering probe at the I-PAC office .
- Mamata Banerjee allegedly arrived at the premises with senior party leaders during the operation .
- ED alleges confrontation with officers and obstruction of search proceedings .
- It is claimed that certain documents were removed from the premises during the raid.
- West Bengal Police registered an FIR against ED officials following the incident .
Legal Insights
The case involves interpretation of constitutional remedies, statutory powers of the ED, and limits of executive interference . The legal provisions invoked reflect concerns over federal balance and protection of investigative autonomy .
- Article 32, Constitution of India: Invoked by ED seeking enforcement of its statutory and constitutional rights .
- Prevention of Money Laundering Act, 2002 (Sections 17 & 19): Governs search, seizure and arrest powers of ED .
- Article 21, Constitution of India: ED alleges its officers’ safety and fair procedure were compromised .
- CBI Investigation Jurisprudence (Articles 32 & 142): ED seeks an independent CBI probe due to alleged state interference .
Court’s Verdict
No final verdict has been passed yet. The Supreme Court will hear the ED’s plea tomorrow . Meanwhile, the Calcutta High Court has recorded ED’s statement that no seizure was made from I-PAC or its director, while adjourning related proceedings . The apex court’s decision will be crucial in defining inter-governmental limits and investigative independence .
Source – Supreme Court of India
Read also – Constitution of India
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