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Mamata Banerjee challenges maintainability of ED's plea in Supreme Court
Mamata Banerjee challenges maintainability of ED's plea in SC; alleges data theft at I-PAC searches
West Bengal Chief Minister Mamata Banerjee on Tuesday challenged the maintainability of the Enforcement Directorate's (ED) petition filed under Article 32 of the Constitution in the Supreme Court, arguing that the apex court's writ jurisdiction applies only to the enforcement of fundamental rights and not to alleged statutory violations or disputes involving contested facts.
In her counter response to ED's plea alleging obstruction by the West Bengal government and herself of its search operation at the Kolkata office of party-linked political consultancy firm I-PAC, the Chief Minister has contended that the agency is not entitled to relief as it failed to invoke alternate remedies provided under the Prevention of Money Laundering Act (PMLA).
"The Petitioners ED are not entitled to any relief on account of not availing of the alternate statutory remedy. It is a matter of record that the Petitioners have not followed the procedure under S 66(2) of the Prevention of Money Laundering Act [PMLA]. None of the Petitioners has sought to have an FIR registered in the State of West Bengal or to approach the jurisdictional Magistrate, who is a judicial officer with wide powers to ensure that a proper investigation is conducted. In these circumstances, it is settled law that a CBI investigation cannot be granted, that too on the Petitioners' ipse dixit. [see Sakiri Vasu v. State of UP, (2008) 2 SCC 409]", the response reads.
Her response pointed out that the ED did not follow the procedure under Section 66(2) of the PMLA, did not seek registration of an FIR in West Bengal and did not approach the jurisdictional Magistrate.
The Chief Minister has also accused the ED of forum shopping, stating that the latter had filed an identical petition before the Calcutta High Court on January 9, 2026, prior to moving the Supreme Court on January 12. While condemning the disturbance during the High Court proceedings as unfortunate, she said subsequent hearings proceeded smoothly, contradicting the ED's claim that the proceedings had become ineffective.
Additionally, the Chief Minister has accused the ED of stealing confidential data of the Trinamool Congress under the pretext of search raids at the office of party-linked consultancy firm I-PAC in Kolkata. Responding to the ED's plea alleging obstruction during searches linked to an alleged coal scam under the PMLA, Banerjee said the agency failed to place any material justifying the issuance of search warrants under Section 17 of the PMLA.
She said the ED did not produce any audio or video recording of the searches, as mandated under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 65 of the PMLA, raising a strong presumption that the searches were conducted for illegal purposes, including theft of confidential political data.
"The Petitioners (ED) stand accused of committing a very serious illegality, namely, theft of the confidential data belonging to the political party (AITC) of which the Answering Respondent (Banerjee) is the Chairperson, by trespassing on the office of a contractor of the party for more than 5 years, under the pretext of conducting a search. This is further reinforced by the fact that the ED has not produced any audio/video recording of the search as part of the present petition, despite being mandated to maintain the same in terms of S 105 The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) r/w S. 65 PMLA. This raises a strong presumption that the search was a clandestine search, being undertaken for illegal purposes, namely, theft of confidential political data," the response filed by CM Banerjee reads.
"It contends that an honest disclosure by the agency to the Supreme Court would show the it's searches were merely a pretext to unlawfully access AITC's confidential party property and have no connection to any offence committed by respondents I-PAC, under the PMLA", the Chief Minister argues.
Further, the counter-reply states that the case involves disputed facts requiring detailed evidence and trial, with the ED alleging obstruction of its searches and the West Bengal government claiming the searches were a pretext to illegally steal its party, AITC's confidential political data.
In her response, the Chief Minister has categorically denied all allegations made by the ED, asserting that she is not a party to any cognisable offence warranting registration of an FIR. She said there is "absolutely no material to show any wrongdoing" by her or state police officials, adding that the ED's allegations are "reckless" and not supported even by its own panchnamas.
She maintained that the ED's investigation into other entities, including I-PAC, cannot be used "as a pretext to gain access to and remove the confidential and proprietary data of AITC". Banerjee denied allegations of intimidating or threatening ED officers, snatching files or electronic evidence, or obstructing the search in any manner.
According to her, she merely "politely requested" ED officials to allow retrieval of the party's confidential data and the devices and files in which it was stored, a request to which the agency did not object. She said that after retrieving some devices and physical files, she left the premises, and the search continued.
Chief Minister Banerjee also rejected allegations of criminal trespass, theft, wrongful restraint, or forcibly taking away documents or digital devices, including claims that she left with "a trunk load of files." She denied misusing state machinery or intimidating investigating officers, calling the ED's case "wildly exaggerated" and unsupported by any evidence, including the agency's own records.
The Supreme Court was scheduled to hear the said dispute today. However, the matter has now been adjourned to February 10 (next Tuesday).
On Feb 10, the Court will hear ED's plea against the alleged obstruction and interference of it's search raid at the premises of Trinamool Congress linked political consultancy firm I-PAC in Kolkata The Court had earlier issued notice to the West Bengal Chief Minister (CM) Mamta Banerjee and other officials of the State administration, including senior police officials, seeking response on ED's plea.
The Court had also stayed the FIR filed by the West Bengal police against ED officials who had entered the I-PAC to undertake the investigation. The West Bengal government was also directed to preserve the CCTV cameras at I-PAC and other cameras containing the footage of nearby areas.
Dismissing the contentions raised by the West Bengal government challenging the maintainability of ED's plea in the apex court and seeking that the dispute could be taken up well before the Calcutta High Court, the apex court had stated that the issue involved larger constitutional questions that needed to be examined by it.
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