'State Agencies Interfering With Central Probe Serious Issue' : Supreme Court In ED v. Mamata Banerjee; Stays WB FIRs

The Supreme Court today issued notice on the plea filed by the Enforcement Directorate against West Bengal Chief Minister Mamata Banerjee and certain state police officers, for allegedly obstructing ED's search of the office of I-PAC, the political consultant of All India Trinamool Congress.A bench of Justice Prashant Kumar Mishra and Justice Vipul M Pancholi observed that it was a "very serious issue" which the Court needs to examine."We are of the prima facie opinion that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and its interference by State agencies. According to us, for furtherance of rule of law in the country, and to allow each organ to function independently, it is necesary to examine the issue so that the offenders are not allowed to be protected under the shield of the law enforcement agencies of a particular state. According to us, larger questions are invovled in the present manner, which if allowed to remain undecided, would further worsen the situation and there will be a situation of lawlessness prevailing in one or the other state, considering that different outfits are governing diffferent places. True that any central agency does not have any power to interfere with the election work of any party. But if the central agency is bona fide investigating any serious offence, the question arises whether in the guise of taking shield of party activities, agencies can be restricted from carrying out power?," the bench observed.Notice has been issued to the State of West Bengal, Mamata Banerjee, WB DGP Rajeev Kumar, Kolkata Police Commissioner Manoj Kumar Verma and South Kolkata Dy Commissioner Priyabatra Roy on the writ petition filed by the ED under Article 32 of the Constitution. The ED is seeking an investigation by the Central Bureau of Investigation into the alleged obstruction of its functioning.The Court asked the respondents to file the counter-affidavits within two weeks. The matter will be considered next on February 3.The Court also directed that the respondents shall preserve the CCTV cameras and other electronic devices containing the footage of the premises searched on January 8 and the nearby areas.The Court also stayed the further proceedings in the three FIRs registered by the West Bengal Police against ED officials.Shocking pattern in West Bengal, says EDAs soon as the matter was taken, Solicitor General Tushar Mehta submitted that the case reflects a "shocking pattern." He submitted that in past also, the West Bengal Chief Minister has indulged in such acts to obstruct the functioning of central agencies."How is this maintainable?," Justice Mishra asked. SG said that one petition is jointly filed by the ED along with an officer who is personally aggrieved. There is another petition which has been filed by ED officers in their personal capacity, he added."Here, there was an evidence, leading to the conclusion that there is some incriminating material in the office of a company and the office of an individual. Officers of the ED go there in exercise of powers under Section 17 PMLA. We informed the local police also. The Hon'ble Chief Minister, along with the DGP and large contagion of police, reach there, barge into the office and take away the files and devices. In my submission, it is nothing but theft. If such conduct is condoned, it will discourage and demoralise officers," SG said.SG informed that the ED has also moved an application to direct the suspension of the police officials who accompanied Banerjee. Referring to Section 54 of the PMLA, the SG said that the police officers are duty-bound to assist the ED; however, in the present case, the police obstructed the ED.The Solicitor General also cited an earlier confrontation between the West Bengal Government and the Central Bureau of Investigation, when officers of the CBI were arrested by the West Bengal Police after they went to question the then Kolkata Police Commissioner, who is presently serving as the State's Director General of Police. He pointed out that during the episode, the Chief Minister Mamata Banerjee had staged a dharna outside the Central Bureau of Investigation office in Kolkata.SG stated that last week, the Calcutta High Court had to adjourn the ED's plea, after a large-scale commotion was created in the courtroom. SG said that the commotion was purposefully created by the members of the ruling party in West Bengal and said that there are WhatsApp messages from the legal wing of the party asking its members to gather. SG said that due to this fact, ahead of yesterday's hearing, the High Court had to issue a circular barring the entry of unauthorised persons into the Court room.SG further informed the bench that the State Police have now filed three FIRs against ED officials."What for you went there?" Justice Mishra asked at this juncture. SG replied that it was in relation to the investigation of the coal scam money laundering case. ...

'State Agencies Interfering With Central Probe Serious Issue' : Supreme Court In ED v. Mamata Banerjee; Stays WB FIRs

Debby Jain

The Court said that if the issue is not settled, it will give rise to a "situation of lawlessness" in a State.

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