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I-PAC row: SC stays FIRs against ED officials; issues notice to Mamata Banerjee, Bengal police
The Supreme Court on Thursday stayed the first information reports registered by the West Bengal Police against Enforcement Directorate officials in connection with the searches at the premises of political consultancy I-PAC on January 8, Bar and Bench reported.
The court also issued notice to Chief Minister Mamata Banerjee and several West Bengal Police officers on a petition filed by the Enforcement Directorate, alleging obstruction of the searches, Live Law reported.
The searches were conducted at the firm'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, as part of an investigation into alleged money laundering.
The Indian Political Action Committee has managed the Trinamool Congress' election campaigns, including in the 2021 Assembly elections.
Banerjee had 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.
Following the raids, the Trinamool Congress and I-PAC moved the Calcutta High Court challenging the legality of the searches.
The ED also approached the High Court, alleging “illegal interference” during its search operations, but the matter was adjourned on Wednesday at the agency's request, Bar and Bench reported.
The Enforcement Directorate's petition in the Supreme Court was filed under Article 32 of the Constitution, which grants individuals the right to move the top court for enforcement of their fundamental rights.
On Thursday, a Supreme Court bench of Justices Prashant Kumar Mishra and Vipul M Pancholi said that the alleged interference of the state in ED's searches was a “serious issue” that needed examination.
“For furtherance of rule of law in the country, and to allow each organ to function independently, it is necessary to examine the issue so that the offenders are not allowed to be protected under the shield of the law enforcement agencies of a particular state,” Live Law quoted the bench as saying.
It added: “Larger questions are involved in the present manner, which if allowed to remain undecided, would further worsen the situation and there will be a situation of lawlessness prevailing in one or the other state.”
The court also observed that while central agencies do not have the authority to interfere with the election-related work of political parties, it must be examined whether a bona fide investigation into serious offences can be obstructed on the ground that party activities are being affected, Live Law reported.
The Enforcement Directorate has also sought a Central Bureau of Investigation probe into the alleged obstruction of its functioning.
The Supreme Court has issued notice to the West Bengal government, Banerjee, the state's Director General of Police Rajeev Kumar, Kolkata Police Commissioner Manoj Kumar Verma and Deputy Commissioner of Police (South Kolkata) Priyabatra Roy.
The respondents have been asked to file their counter-affidavits within two weeks. The matter will be heard next on February 3.
Separately, the High Court on Wednesday disposed off a petition filed by the Trinamool Congress seeking protection of confidential political data.
This came after the Enforcement Directorate told Justice Suvra Ghosh that it had not seized any documents during the searches.
Additional Solicitor General SV Raju, representing the Enforcement Directorate, had claimed that any documents or electronic devices removed from the premises were taken away by Banerjee and not by the central agency.
Source: Scroll
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