In a move, the Enforcement Directorate approached the Supreme Court seeking to implead the Union Home Ministry and DoPT, alleging that the West Bengal government, including Chief Minister Mamata Banerjee, obstructed ED raids on I-PAC offices and Pratik Jain.
NEW DELHI: In an unexpected development, the Enforcement Directorate (ED) has approached the Supreme Court to request the inclusion of the Union Ministry of Home Affairs and the Department of Personnel and Training (DoPT) as parties in its petition.
The agency alleges that the West Bengal government, including Chief Minister Mamata Banerjee, has interfered with and obstructed its investigation and raid at the offices of political consultancy firm I-PAC, as well as the residence of its director, Pratik Jain, in connection with a coal scam case.
In its petition, the ED sought the “impleadment of proposed respondents 7-9” in the current criminal writ petition, asserting that failure to do so would result in “irreparable loss and injury” to the agency.
The request is significant as the ED is investigating reports that West Bengal Chief Secretary Nandini Chakravorty was present with the Chief Minister during the visit to the I-PAC office. Respondent No. 7 is designated as the DoPT, No. 8 as the Home Ministry, represented by their respective secretaries, and No. 9 as the State of West Bengal through its Chief Secretary.
The ED stated,
“The petitioner herein has filed an application seeking certain directions to be issued to the proposed respondents herein, i.e., to initiate departmental inquiry/proceedings for major penalty against Respondents No. 3-5 along with other police officials and to place the said Respondents No. 3-5 with other police officials under suspension.”
The agency identified West Bengal DGP Rajeev Kumar as respondent No. 3, Kolkata Police Commissioner Manoj Verma as respondent No. 4, and South Kolkata DCP Priyabrata Roy as respondent No. 5.
According to the plea, respondents 7-9 are essential parties in order to pursue actions against the senior police officers who allegedly disrupted the ED’s search operations on January 8.
In a setback for Mamata Banerjee, the Supreme Court remarked on Thursday that the Chief Minister’s alleged “obstruction” in the ED’s investigation is “very serious.”
The Court has agreed to explore whether law enforcement agencies of a state can interfere with investigations conducted by central agencies into serious offenses, and it has stayed FIRs against ED officials who conducted the raids at I-PAC.
While staying the FIRs filed in West Bengal against ED officials, the Supreme Court also ordered the state police to preserve the CCTV footage from the raids.
Justices Prashant Kumar Mishra and Vipul Pancholi issued notices to Chief Minister Banerjee, the West Bengal government, DGP Kumar, and other senior police officials regarding the ED’s petitions, which seek a CBI investigation against them for allegedly obstructing raids at I-PAC.
This plea follows events on January 8, during which ED officials reportedly faced obstructions while executing raids at I-PAC’s office in Salt Lake and at the residence of Pratik Jain in Kolkata due to the coal smuggling case.
The ED has claimed that Chief Minister Mamata Banerjee entered the premises and removed “key” evidence related to the investigation. Conversely, the Chief Minister has accused the central agency of overstepping its authority, while her party, the Trinamool Congress, has denied the ED’s claims of “obstructing” the investigation. The state’s police have also filed an FIR against the ED officers involved.
Earlier, The Enforcement Directorate (ED) approached the Supreme Court, alleging that the West Bengal government, including Chief Minister Mamata Banerjee, has been obstructing its probe during searches at the I-PAC office and the residence of its director, Pratik Jain, in Kolkata.
This investigation is linked to a money-laundering case involving coal scam. Reports indicate that the ED claims state officials interfered with its operations, disrupting an ongoing investigation under the Prevention of Money Laundering Act (PMLA).
The agency’s petition seeks the Supreme Court’s involvement to facilitate an uninterrupted investigation into the purported transfer of hawala funds associated with the coal scam to the political consultancy firm I-PAC, which has collaborated with theTrinamool Congress (TMC).
Previously, the West Bengal government filed a caveat in the Apex Court, requesting that no orders be issued without considering its position in the matter. A caveat, as per Section 148A of the Code of Civil Procedure, ensures that the court does not grant any ex parte orders against a party without allowing it an opportunity to respond.
This situation arises after the ED conducted searches at various locations related to I-PAC and Pratik Jain in Kolkata on January 8.
The ED has asserted that Chief Minister Mamata Banerjee allegedly intruded during the raid, taking away significant evidence, including documents and electronic devices. Banerjee, however, has firmly rejected these charges and accused the central agency of overstepping its bounds.
Earlier, On January 9, the ED additionally approached the Calcutta High Court seeking a CBI investigation against Banerjee. The agency alleged that the Chief Minister, aided by the state police, disrupted search procedures and removed incriminating materials during the operation at Pratik Jain’s residence.