ED v Mamata Banerjee : Live Updates From Supreme Court Hearing

J Mishra: the CM barges into an ED investigation and your idea of remedy for the ED is to go to the state government which is headed by the CM and inform them about it and seek remedy

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/