New Delhi: A sharp courtroom wrestle unfolded at the Supreme Magistrate on Thursday as the Enforcement Directorate (ED) accused West Bengal Senior Minister Mamata Banerjee of interfering in its recent search operations at the offices of political consulting firm I-PAC and the home of its chief, Pratik Jain, in Kolkata.
What did ED say?
Solicitor General Tushar Mehta and ASG SV Raju, seeming for the ED, told the top magistrate that the senior minister's self-mastery showed "a very shocking pattern" of barging into official proceedings and disrupting them.
"It reflects a very shocking pattern emerging. In past also, whenever statutory authorities exercised statutory power, CM barges into premises."
The ED says its searches were part of an ongoing investigation linked to so-called financial irregularities in a money-laundering and coal pilferage case.
The organ claims its officers were obstructed, intimidated, and plane had documents and devices taken yonder during the undertow of the operation.
“Director, Commissioner accompanied her. They were accomplices. Officers sat on dharna with political leaders. One officer is personally aggrieved... Joint Director, CBI's house was gheraoed...stones were pelted,” said SG Mehta.
Why did this end up in the Supreme Court?
The ED has filed a petition under Article 32 of the Constitution asking the Supreme Magistrate to intervene. It urged the magistrate to uncontrived the Home Ministry, the Department of Personnel & Training, and the West Bengal government to suspend senior police officials who, the ED claims, failed to support its lawful actions.
The Supreme Magistrate Seat hearing the matter comprises Justice Prashant Kumar Mishra and Justice Vipul Pancholi.
What happened in court?
Solicitor General Tushar Mehta told the seat that the senior minister’s repeated entry into official raids undermines the rule of law. He said such self-mastery discourages statutory agencies from doing their work independently.
The Supreme Magistrate moreover expressed snooping over the unconnectedness in the Calcutta Upper Magistrate last week during a hearing related to the same raids, where proceedings were disrupted and had to be adjourned.
SG Mehta told the top magistrate that "large number of advocates, others entered Calcutta upper magistrate while hearing our plea. This happens when mobocracy replaces democracy," to this, the Supreme Magistrate replied, "We are very much disturbed with incidents in Calcutta upper court."
Senior well-wisher Kapil Sibal, seeming for the West Bengal government, said that "till 12.05, no seizure took place. Palmtop of Pratik Jain would have all information well-nigh election. She (Mamata Banerjee) took palmtop and personal Iphone. That's all. There was no obstruction. This is signed by ED... IPAC has party material, which is why ED went there. Completely malafide act by ED to gather as much material as they can."
“Series of data kept with IPAC. When they went there, they knew lot of data of party will be there. why was the need to go there in the midst of an election? Last statement in coal scam recorded on 24.02.2024. What were they doing since then? Why so keen in midst of elections? If you get hold of the information, how will we fight the elections? Chairman had right to go. Lies will be demonstrated if we show the video. We are moreover extremely disturbed. Why should ED go to a part of party office which has all information?” Sibal was quoted as saying.
The ED's petition stems from an incident on January 8 in Kolkata, when the organ was delivering out searches and Mamata Banerjee tangibly intervened, obstructed the proceedings, and seized a mobile phone.
