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I-PAC row: ED moves Supreme Court seeking CBI FIR against Mamata Banerjee for ‘obstructing’ searches
The Enforcement Directorate has moved the Supreme Court seeking an inquiry by the Central Bureau of Investigation into West Bengal Chief Minister Mamata Banerjee allegedly obstructing its raids at the offices of political consultancy firm I-PAC last week, Live Law reported on Sunday.
The Supreme Court is yet to hear the matter, according to Bar and Bench.
The enforcement agency has moved the top court under Article 32 of the Constitution. This provision allows any person to directly approach the Supreme Court to enforce their fundamental rights if they are violated.
On Thursday, the ED conducted searches at I-PAC's office in Kolkata's Salt Lake area, the residence of the firm's head Pratik Jain and the office of a trader in the city's Posta neighbourhood in connection with an investigation into alleged money laundering.
I-PAC, or the Indian Political Action Committee, has managed the Trinamool Congress' election campaigns, including in the 2021 Assembly elections.
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 green file and claimed that the central agency's officials were “taking away” party documents ahead of the Assembly elections.
The state is expected to head for polls in the next three to four months.
Banerjee alleged that the ED was confiscating the Trinamool Congress' “documents and hard disks, which have details about our party candidates” for the elections.
The searches on Thursday were based on a first information report filed by the Central Bureau of Investigation into an alleged coal smuggling syndicate that was used to “steal and illegally excavate coal from ECL [Eastern Coalfields Limited] leasehold areas of West Bengal”, the ED said.
In its petition before the Supreme Court, the ED alleged that Banerjee's intervention derailed a lawful investigation into coal smuggling. The agency accused the Trinamool Congress chief of removing vital evidence.
The sites of the raids descended into scenes resembling a “showdown” due to the illegal intervention of the state machinery itself, The Hindu quoted the central agency as claiming.
The ED sought directions from the Supreme Court to restrain Banerjee and state government officials from obstructing its investigation, Bar and Bench reported.
Notably, the West Bengal government has already approached the Supreme Court to ensure that no ex parte orders are passed in the matter without hearing it first, The Hindu reported.
Earlier, the Trinamool Congress and I-PAC moved the Calcutta High Court challenging the legality of the searches at the locations linked to the political consultancy in Kolkata and Bidhannagar.
The ED also approached the court, alleging “illegal interference” during its search operations.
During the hearing of the matter in the High Court on Friday, Justice Suvra Ghosh rose from her chair as there was chaos in the courtroom before she could hear the petitions filed by the ED and the Trinamool Congress.
The judge listed the matter for hearing on January 14.
Meanwhile, the West Bengal Police also registered first information reports against the ED based on two complaints filed by Banerjee.
Source: Scroll
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