'Is Courtroom Jantar Mantar?' : Supreme Court 'Disturbed' By Commotion In Calcutta HC Preventing Hearing Of ED Plea

During the hearing of ED's plea against West Bengal government's alleged interference with a raid at the I-PAC office, the Supreme Court today expressed concern about the commotion that prevented the Calcutta High Court from hearing the matter on January 9.

It may be recalled that on January 9, the High Court had to adjourn the hearing of the Enforcement Directorate's plea due to a commotion.

Today, the ED told a bench of Justice Prashant Kumar Mishra and Justice Vipul M Pancholi that prior to the January 9 hearing before the High Court, legal cell of the TMC circulated WhatsApp messages asking the cadres to gather in the Court.

"Huge number of advocates and other persons entered High Court courtroom and created commotion. Bench noted it was not conducive for hearing. This is what happens when mobocracy replaces democracy! I have placed on record WhatsApp chats of the law wing of the party in power (TMC)...People were instructed by the legal cell to go there, saying "come everyone"," said SG Tushar Mehta.

"Come everyone"? As if it's Jantar Mantar!", remarked Justice Mishra ('Jantar Mantar' area is an area where public protests are usually staged in the national capital).

When the SG said that the persons may have gathered in the courtroom intentionally or unintentionally, the judge said, "intentional or not, the High Court has recorded something", referring to the fact that the High Court itself adjourned the matter recording the reason of commotion.

Notably, the SG claimed that buses and vehicles were arranged for persons to reach the High Court on January 9. He also mentioned that ahead of yesterday's hearing in the High Court, the Acting Chief Justice passed an administrative order barring the entry of unauothised persons in the Court room. "It was live-telecast. Hearing was less than satisfactory. ED faced difficulties. The ASG's mic was constantly muted..." the SG alleged.

At this point, Justice Mishra noted that control of mic during the proceedings was with the Court. Yesterday, ASG SV Raju, who appeared virtually before the High Court, sought adjournment of the ED's plea citing the pendency of the similar matter in the Supreme Court. The High Court however proceeded to hear the petition filed by the Trinamool Congress, which was ultimately disposed of on the basis of the ED's statement that it did not seize anything from the office of the I-PAC.

When Senior Advocate Kapil Sibal sought to address the bench on behalf of Mamata Banerjee, Justice Mishra said that the developments in the High Court were disturbing. Justice Mishra then said that he was "disturbed" by the manner in which the hearing in the High Court was last week marred by commotion.

In response to a submission that the incident of January 9 was not repeated yesterday, the judge underlined that tomorrow it can happen with another High Court and emphasized that such interference should not happen regularly.

Ultimately, the bench issued notice on ED's plea and stayed further proceedings in the FIRs lodged by West Bengal police against ED officers. The Court further directed preservation of relevant CCTV footage.

Case Title: DIRECTORATE OF ENFORCEMENT AND ANR. Versus THE STATE OF WEST BENGAL AND ORS., W.P.(Crl.) No. 16/2026

Also Read - ED v. Mamata Banerjee | 'State Agencies Interfering With Central Probe Serious Issue' : Supreme Court Stays WB FIRs Against ED Officers