Solicitor General of India Tushar Mehta, appearing for the ED, informed the apex court that the West Bengal government’s affidavit in response to the petition was received only earlier on Tuesday. Citing the need to examine the response thoroughly, Mehta requested additional time for the court to consider the submissions.
The ED’s petition pertains to its raids at the Kolkata premises of the Trinamool Congress-linked political consultancy firm, Indian Political Action Committee (I-PAC), and the residence of its co-founder Pratik Jain. The agency has alleged deliberate obstruction and interference by state authorities during the operations.
Earlier, the Supreme Court had issued notices to Chief Minister Mamata Banerjee and senior state officials, including top police officers, seeking their responses to the allegations. The court had also stayed FIRs filed by the West Bengal Police against ED officials and directed the preservation of CCTV footage and digital evidence from the I-PAC office and surrounding areas, citing the need to prevent tampering or loss of critical evidence.
The West Bengal government has questioned the maintainability of the ED’s petition, noting that similar matters are already pending before the Calcutta High Court. During previous hearings, the court rejected the state’s objection and observed that the issues raised have broader constitutional implications, particularly concerning the functioning of central agencies vis-à-vis state authorities.
The ED has requested registration of FIRs against Chief Minister Banerjee, the state Director General of Police, and the Kolkata Police Commissioner, alleging deliberate interference in a central investigation. In its filings, the agency described the alleged obstruction as indicative of “mobocracy replacing democracy,” underscoring the seriousness of the allegations.
A Bench comprising Justices Prashant Kumar Mishra and Vipul M. Pancholi will examine the matter further on February 10. Legal experts note that the case could set significant precedents regarding the limits of state authority over central investigative agencies and the protection of constitutional rights during raids and searches.
