Supreme Court criticizes Mamata Banerjee's interference in ED probe

The Supreme Court of India has strongly criticized West Bengal Chief Minister Mamata Banerjee for her alleged interference during a search operation conducted by the Enforcement Directorate (ED) at the premises of the Indian Political Action Committee (I-PAC) and the residence of its founder, Pratik Jain, on January 8, 2026. The ED has accused Banerjee and senior state officials of obstructing the investigation, which is related to a multi-crore money laundering probe linked to an alleged coal smuggling scam. The court's observations came during the hearing of petitions filed by the ED and its officers, seeking a Central Bureau of Investigation (CBI) probe into the alleged obstruction. A bench comprising Justices Prashant Kumar Mishra and N.V. Anjaria rejected the West Bengal government's argument that the case constituted a Centre-State dispute. The court emphasized that the Chief Minister "walking into the midst" of an ongoing raid could not be framed as such and instead posed a threat to democracy. Justice Mishra remarked that such actions by a Chief Minister put "democracy in peril" and that constitutional framers would not have envisioned such a scenario. The ED alleged that during the raid, Banerjee confronted ED officials and removed incriminating documents and electronic devices, thereby impeding the agency's ability to discharge its statutory functions independently. Solicitor General Tushar Mehta, representing the ED, argued that the chief minister had walked out of the raid site with evidence in her possession. Conversely, Banerjee's legal team, including senior advocates Kapil Sibal, Abhishek Manu Singhvi, Menaka Guruswamy, and Siddharth Luthra, argued that the ED's petition was not maintainable under Article 32 of the Constitution. They contended that the ED, being a statutory authority, does not possess fundamental rights and therefore cannot invoke Article 32. Instead, they suggested that any dispute between the Centre and the State should be addressed under Article 131 of the Constitution. The Supreme Court, however, questioned these submissions, particularly the argument that the ED could not invoke Article 32. The bench remarked on the unique proposition being advanced and questioned whether ED officers, despite acting in their official capacity, ceased to be citizens entitled to fundamental rights. The court also pointed to earlier proceedings where it had noted allegations of judicial officers being "kept hostage" in the state, suggesting a broader pattern of potential obstruction. The case originates from search operations conducted by the ED on January 8, 2026, in connection with an alleged scam involving more than ₹2700 crores related to money laundering and coal smuggling. The I-PAC is a political consultancy firm that handles campaign work for various political parties, including the Trinamool Congress. Following the raid and the alleged interference, the West Bengal police registered three FIRs against ED officials, which the ED sought to have investigated by the CBI. The Supreme Court had previously issued notice on the ED's plea and stayed further proceedings in the FIRs lodged against its officials, highlighting the serious nature of the issue and the need to avoid a "situation of lawlessness." The court also directed the state to preserve CCTV footage and other electronic materials related to the January 8 search. The hearings have seen sharp exchanges between the legal teams, with the ED asserting that it has been "terrorized" while the Trinamool Congress has denied any obstruction, claiming that Banerjee only retrieved proprietary party data. The court has adjourned the matter for further hearings, indicating that it is closely monitoring the situation and its constitutional implications. The ongoing legal battle underscores the recurring tension between central investigative agencies and state authorities, particularly in politically charged environments. The Supreme Court's intervention aims to safeguard investigative autonomy and institutional integrity within India's federal structure.

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