The Supreme Court to hear today ED's writ petition alleging that West Bengal CM Mamata Banerjee and state police officers obstructed its search of the office of I-PAC, the political consultant of All India Trinamool Congress.
A Bench of Justices PK Mishra and Justice NV Anjaria will hear the matter.
Last week, the State opposed the maintainability of the writ petition, contending that allowing a central government department to file writ petition against a state government will be dangerous to the federal structure.
Follow this page for live updates from the hearing.
Sibal: Further they say that the case being investigated by state police cannot be investigated by state police. This is covered by several judgements of this court. They have a remedy and they should not file an article 32 petition.
Sibal: they have made the ED as the petitioner because Central Government can only move under Article 131 and not Article 32. It doesn't matter that there is a petitioner number 2. A company shareholder is at a higher position than ED as the shareholder can file individually even if a corporate cannot enforecd a fundamental right which is only available to a citizen
Sibal: Article 22 also does not apply. And ED is a directorate, it is not even a department. In State Trading Corporation it was said that a department of Government of India cannot file writ petition and here the ED is not even a department
Sibal: in this particular case the directorate of enforcement is not even a person. 19 doesn't apply, 20 doesn't apply,
Bench: They are saying Rule of Law is violated.
Sibal: rule of law is reflected in what? Articles 14, 15, 16, 19 they are all part of rule of law. The question is who can enforce it. 19 can only be enforced by citizen.
Sibal: even if Robin Bansal comes as himself and files a writ petition, only his specific case can be considered not violation of anyone else's fundamental rights
J Mishra: when you give SCCOnline citation it takes us a lot of time to just find the page number. SCC Online publishers should print the page number in some different place
Sibal: 9 judges answered the question on the enforcement of the fundamental right of the State Trading Corporation saying that there is no such thing.
Sibal: both are missing.
Sibal cites 9 judge bench judgement in State Trading Corporation v. Commercial Tax Officer
https://indiankanoon.org/doc/1799890/
Sibal: the person who filed the writ petition has not claimed any fundamental right. Not only that, assuming he has a fundamental right, then the petition must state which fundamental right has been violated.