West Bengal Govt Questions Maintainability Of ED's Petition In Supreme Court Over I-PAC Raid

In the Enforcement Directorate's plea assailing West Bengal authorities' interference with its raid at IPAC office, the state government has filed a counter affidavit contesting maintainability of the ED's writ in view of the pendency of similar proceedings before the Calcutta High Court.

The State has contended that ED does not have fundamental rights enabling it to file a writ petition before the Supreme Court. It further claims that there has been a violation of right to privacy under Article 21. The State also questioned the "parallel proceedings" before the High Court as well as the Supreme Court.

The counter affidavit argues that ED does not have the power to conduct omnibus search and seizure, and that no effective notice was given before the IPAC search. It further raises averments regarding ED's violation of privileged communications.

It may be recalled that the ED filed the present petition under Article 32 of the Constitution impleading the State of West Bengal, Chief Minister Mamata Banerjee, and others. Last month, a bench of Justices Prashant Kumar Mishra and Vipul M Pancholi issued notice on the petition and stayed further proceedings in 3 FIRs registered by West Bengal authorities against ED officials.

The plea followed events which took place when the ED officials conducted searches on January 8 at the office of I-PAC in Kolkata in connection with the coal scam money laundering probe. During the operation, CM Mamata Banerjee allegedly reached the I-PAC office along with senior party leaders and confronted ED officials. The ED has also alleged that the Chief Minister took away certain files from the premises during the raid, which it claims further impeded the investigation.

According to the ED, the Chief Minister's presence at the search site and the alleged removal of documents had an intimidating effect on officers and seriously compromised the agency's ability to discharge its statutory functions independently. The agency has alleged repeated obstruction and non-cooperation by the state administration.

The West Bengal police has also registered an FIR against ED officers. In its Article 32 petition before the Supreme Court, the ED has sought directions for an independent inquiry by the Central Bureau of Investigation, contending that a neutral central agency is necessary in view of the alleged interference by the state executive.

Prior to approaching the Supreme Court, the ED moved the Calcutta High Court in relation to the same incident, seeking protection and appropriate directions. On January 14, the High Court disposed of a petition filed by the Trinamool Congress recording the statement made by the ED that it has not seized anything from the office of I-PAC or its director Prateek Jain.

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

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