ED v. Mamata Banerjee Over I-PAC Raid : Live Updates From Supreme Court Hearing

SG: Please note IPAC has not filed any complaint, petition or proceeding that its privacy was invaded. As it was a statutory search.

SG: We intimated [state] officers by email earlier. We were not interested in political activities. We don't know what they had to hide that the CM with entire police force barged in?

ASG Raju: Person incharge of premises also informed

SG: As police officers were being briefed, CM of WB entered premises, despite requests to not interfere. Violating all law and order, she forcibly took possession of all digital devices and documents from officers...she left around 12.15 PM. Panchnama drawn. Incident report also drawn by officers. Please see totality of this. Search was authorized. People who come (DG, Commissioner) shown identity cards, authority letter...still they had the 'courage' to take incriminating material in their custody and publicly declare that this has been done! Once and for all, this has to be decided.

SG refers to investigation of illegal coal scam as the reason behind IPAC raid

J Mishra: This coal scam is being investigated?

SG: Yes. Payments for coal used to be made in cash. No replies to summons. 1 hawala channel was identified. Around 20 crores of proceeds of crime were transferred. IPAC's operational framework may be seen now. Search proceedings took place at 10 premises on 8th Jan...

J Mishra: Same IPAC with which earlier Mr Prashant Kishore was associated?

Counsels: Yes.

SG: Whatever ED recovers is not for its personal purposes. This is something very rare. CJ was aware that matter could not be heard. Let me satisfy on maintainability. S.8 of PMLA...it's just not a mere organ of govt. We exist for this purpose...we attach property, take in possession...who is the ultimate beneficiary? Victim gets benefit of laundered money. Special Court can direct restoration of property to claimant who may have suffered. I represent those victims. ED has so far collected more than 30,000 crores, which are given to victims of the crime. We are not just an organization. We represent the victims interest. Petitioner No.2 is an individual. 3 FIRs filed against us by CM, police. That we did something illegal, browbeated...based on that FIR, they removed CCTV

J Mishra: For what you went there? What was under investigation?

SG: They say we went to collect SIR data. A fool will not go there to collect SIR data, which is available on website!

SG: Kindly see what happened in this case. We approached HC. This is what happens when Mobocracy replaces democracy. This is what HC records. Huge no. of advocates and other persons entered HC courtroom and created commotion. Bench says it was not conducive for hearing

J Mishra: This was yesterday?

SG: No, earlier

Sibal: On 9th. I saw the video

Counsels argue

J Mishra: Don't create a ruckus here, continue

SG: I have placed on record whatsapp chats that law wing of the party in power...people were instructed by legal cell to go there, saying "come everyone"

J Mishra: Intentional or unintentional, HC has recorded something. Saying come everyone, as if it's Jantar Mantar

SG: Buses and vehicles were arranged. Yesterday, TMC filed a petition. Acting Chief Justice had to pass an order that nobody will be permitted to enter, except lawyers appearing...it was live-telecast. Hearing was less than satisfactory. ED faced difficulties. Mic was constantly muted

J Mishra: But that's in control of court

SG: Earlier, CBI officers went. There was judicial order by this Court directing investigation into chit fund offenses. CBI officers taken to police station! CM staged dharna so no one can enter! Officers not permitted to discharge duty. There was a bail appln. of an accused. Sitting Minister goes to court and shouts slogans! Even in this case, this is the position.

Sr Advs Kapil Sibal and Kalyan Banerjee appear for West Bengal

SG: There was evidence leading to conclusion that incriminating material was lying in a premise...local police was intimated...DGP, CM and Commissioner of Police and DCP of area, large police force, goes there...took material unauthorizedly. It's an offense of THEFT. She takes it away. Mobile of ED official also taken away. She even went before media...this will encourage officers to not discharge their duty. Forces will be demoralized. Let example be set. Officers who were present during exercise be placed under suspension and placed under departmental enquiry. Please take cognizance of what's happening.

J Mishra: You want us to suspend?

SG: No, direct the competent authority. police came with CM to ensure that evidence collected is removed by them, under their superv

ision.

Hearing of #ED's plea against WB govt, CM Mamata Banerjee over I-PAC raid begins

Solicitor General Tushar Mehta and ASG SV Raju (for ED): It reflects a very shocking pattern emerging. In past also, whenever statutory authorites exercised statutory power, CM barges into premises

J Mishra: How is this maintainable?

SG: Director, Commissioner accompanied her. They were accomplices. Officers sat on dharna with political leaders. 1 officer is personally aggrieved. Item 28 is petition by officers. Jt. Director, CBI's house was gheraoed...stones were pelted

ED files application seeking direction to DoPT, MHA and WB Govt to suspend WB DGP Rajiv Kumar, Manoj Kumar Verma, Kolkata Commissioner and Priyabatra Roy, DCP, South Kolkata, for alleged interference in the raids.