Supreme Court Intervenes in ED–State Confrontation Over I-PAC Searches

Background of the Controversy

The Supreme Court of India has taken cognisance of an escalating institutional confrontation between the Enforcement Directorate (ED) and the Trinamool Congress (TMC)-led West Bengal government, arising out of ED searches conducted on January 8 at premises linked to political consultancy firm Indian Political Action Committee (I-PAC) in Kolkata and the residence of its director Pratik Jain.

The searches were part of a money laundering investigation connected to alleged illegal coal mining and smuggling in West Bengal, involving suspected proceeds of crime exceeding ₹2,742 crore.

Supreme Court Proceedings and Observations

A bench comprising Justice Prashant Kumar Mishra and Justice Vipul M Pancholi admitted two petitions:

  • One filed by the Enforcement Directorate, and

  • Another by three ED officers, seeking a court-monitored CBI investigation into the alleged obstruction faced during the searches.

The Court described the situation as “very serious” and observed that the petitions raise issues “going to the heart of the rule of law and the independence of investigating agencies.”

Rejecting the West Bengal government’s objection that the matter should first be examined by the Calcutta High Court, the Supreme Court fixed the case for further hearing on February 3.

Allegations of Obstruction and State Interference

According to the ED:

  • Its officers were prevented from completing searches authorised under law.

  • Seized documents and digital devices were allegedly taken away.

  • ED personnel were intimidated and threatened while discharging official duties.

  • Senior state police officers allegedly acted at the instance of political executive leadership.

Solicitor General Tushar Mehta, appearing for ED, alleged that Chief Minister Mamata Banerjee personally led senior police officials to the search sites and that the incident amounted to “theft and robbery of evidence.”

Supreme Court’s Prima Facie Findings

In a strongly worded order, the Court recorded its prima facie view that the case involves:

  • “Grave interference” by state authorities

  • Obstruction of a central investigating agency

  • A potential breakdown of constitutional balance

The bench warned that unchecked interference by state machinery could lead to “a situation of lawlessness”, particularly in states governed by political parties different from the Union government.

Interim Directions Issued by the Court

As interim measures, the Supreme Court directed:

1. Preservation of Evidence

The West Bengal government must preserve all CCTV footage, electronic data, and digital records relating to the January 8 searches, including footage from:

  • I-PAC premises

  • Pratik Jain’s residence

  • Surrounding areas

2. Stay on FIRs Against ED Officers

The Court stayed all proceedings arising from four FIRs registered by Kolkata Police against ED officials, holding that:

  • The local police cannot be permitted to probe further

  • The matter is “delicate” and requires judicial scrutiny

3. Notices to Constitutional Authorities

Notices were issued to:

  • Chief Minister Mamata Banerjee

  • West Bengal DGP Rajeev Kumar

  • Kolkata Police Commissioner

Replies were directed to be filed within two weeks.

ED’s Plea for Disciplinary Action

ED has also sought:

  • Suspension of DGP Rajeev Kumar, alleging he participated in a dharna alongside the Chief Minister

  • Disciplinary action against senior police officials

  • Directions to the Department of Personnel and Training (DoPT) and the Union Home Ministry

Arguments by the State Government

Senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Shyam Divan, appearing for the Chief Minister, the State, and senior police officers respectively, argued that:

  • The petitions were not maintainable

  • Issues involved disputed questions of fact

  • ED had engaged in forum shopping

  • Searches were deliberately timed during election season

  • The Chief Minister entered the premises to protect confidential election-related material

These objections were rejected at the threshold by the Supreme Court.

Concern Over Disruption of High Court Proceedings

The bench expressed grave concern over reports that proceedings in the Calcutta High Court on January 9 were disrupted due to commotion.

“Today it is this High Court, tomorrow it would be some other High Court. That’s our worry,”
the bench observed, underlining the Supreme Court’s constitutional duty to intervene where the functioning of courts is affected.

Statutory Provisions Involved

Prevention of Money Laundering Act, 2002 (PMLA)

  • Section 17 – Power of search and seizure

  • Section 19 – Power of arrest

  • Section 50 – Powers of ED officers akin to civil court

Indian Penal Code (IPC)

  • Sections 186 & 353 – Obstructing public servants

  • Sections 379 & 411 – Theft and handling stolen property (as alleged by ED)

Constitutional Provisions Implicated

Article 14 – Equality Before Law

State action allegedly shielding individuals from investigation raises concerns of arbitrariness.

Article 21 – Protection of Life and Personal Liberty

ED officers have alleged threats to personal safety while discharging official duties.

Article 32 – Right to Constitutional Remedies

Invoked by ED and its officers seeking direct intervention of the Supreme Court.

Federal Structure & Separation of Powers

The case raises critical questions on Centre–State relations, autonomy of central agencies, and limits of state interference.

Relevant Judicial Precedents

State of West Bengal v. Committee for Protection of Democratic Rights (2010)

Held that the Supreme Court can direct CBI investigations without state consent in exceptional circumstances.

Vineet Narain v. Union of India (1998)

Emphasised the need for independence of investigating agencies from political influence.

Union of India v. Sushil Kumar Modi (2018)

Reiterated that constitutional courts can intervene to preserve rule of law and institutional integrity.

Conclusion: A Test Case for Rule of Law

The Supreme Court’s intervention marks a critical constitutional moment, where:

  • The independence of central investigative agencies

  • The limits of political executive power

  • The authority of constitutional courts

are all under scrutiny.

With allegations of institutional obstruction, mob-like resistance, and politicisation of law enforcement, the outcome of this case is likely to have far-reaching implications for federal governance and criminal investigations in India.

Location: Pune, Maharashtra, India

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