The Supreme Court on Wednesday stated that a chief minister cannot “put democracy in peril” by interfering with an investigation, reported Bar and Bench.
“What right of the state does this involve?” asked a bench of Justices Prashant Kumar Mishra and NV Anjaria while hearing a petition filed by the Enforcement Directorate against West Bengal Chief Minister Mamata Banerjee and several state police officers for allegedly obstructing the searches at the premises of political consultancy I-PAC on January 8.
The bench added that this was not a dispute between the state and the Union government, reported Live Law.
The Enforcement Directorate had moved the court under Article 32 of the Constitution that allows persons to approach the Supreme Court directly against the alleged violation of fundamental rights.
During the hearing on Wednesday, the court said that the chief minister cannot walk in the “midst of an inquiry”, Live Law reported.
The court’s statement came in response to the state government questioning the maintainability of the plea, arguing that Article 32 was available only to individuals and not a government department.
“There was no criminal conduct, there was no intimidation, there was no infraction,” said advocate Menaka Guruswamy, representing the West Bengal government.
She further submitted that the matter raises a “substantial question of law” and must be referred to a five-judge bench.
However, the court disagreed with the contention. “In every question there will be some question of law,” it said. “That does not mean every 32 petitions are referred to a five-judge bench.”
The raids
In January and April, the Enforcement Directorate carried out searches at locations in several cities, including premises linked to I-PAC officials.
One of its directors, Vinesh Chandel, was arrested on April 13 in connection with the case and remanded to 10 days custody of the central agency.
The January 8 searches at the political consultancy’s office in Kolkata’s Salt Lake area, the home of its head Pratik Jain and the office of a trader in the city’s Posta neighbourhood had led to a political dispute.
Banerjee arrived at Jain’s home around noon while the search was underway and stayed for about 20 to 25 minutes. She then came out with a file and claimed that the central agency’s officials were “taking away” party documents ahead of the Assembly polls.
After the raids, the Trinamool Congress and I-PAC had moved the Calcutta High Court, challenging the legality of the searches. The central agency also approached the High Court, alleging “illegal interference” in its work.
The agency’s case stems from a November 2020 first information report registered by the Central Bureau of Investigation about an alleged coal smuggling syndicate that was used to “steal and illegally excavate coal from [Eastern Coalfields Limited] leasehold areas” in West Bengal.
The ED has alleged that a hawala operator linked to the network facilitated transactions worth tens of crores of rupees to Indian PAC Consulting Private Limited, the registered entity of I-PAC.
I-PAC has managed the Trinamool Congress’ election campaigns, including the 2021 Assembly elections. It is also managing the party’s campaign for the upcoming state polls.
The elections in West Bengal will be held in two phases on April 23 and April 29. The results will be announced on May 4.
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