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Informist, Thursday, Jan. 15, 2026

 

NEW DELHI – Observing that there will be lawlessness in one or other state if it does not intervene, the Supreme Court Thursday stayed the West Bengal police's first information reports registered against Enforcement Directorate officers in the recent raid on political consultancy firm I-PAC's premises. The first information report includes charges of theft, criminal trespass, removal of electronic evidence, based on West Bengal Chief Minister Mamata Banerjee's complaint. The report also includes charges of obstruction of public servants and wrongful confinement, on a suo motu complaint by the state's police.

 

"We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED (Enforcement Directorate) or other central agencies and interference by state agencies. According to us, for adherence of rule of law in country and to allow each organ to function independently, it is necessary to examine the issue so that offenders are not allowed to be protected under the seal of law enforcing agencies of a particular state," said a bench of Justice Prashant Kumar Mishra and Justice Vipul Pancholi. It said that larger questions have been raised by the Enforcement Directorate and which if allowed to remain undecided would further worsen the situation and there will be a situation of lawlessness prevailing in one or other state, considering that outfits are there at different places.

 

The top court issued notices to West Bengal Chief Minister Banerjee, certain police officials, and others on the probe agency's plea accusing the former people of obstructing the search at I-PAC's premises. The top court asked the respondents to preserve the CCTV cameras and other storage devices containing the footage of the premises searched. The top court asked respondents to reply to the Enforcement Directorate's plea seeking a Central Bureau of Investigation probe against them.

 

The Enforcement Directorate has sought a direction to Banerjee and others for return of the evidence that the chief minister had taken from premises of I-PAC. "It is an offence of theft. She took an ED (Enforcement Directorate) officer phone as well. This will only encourage such acts and the central forces will be demoralised. The State will feel they can barge in commit theft and then sit on dharna," said Solicitor General of India Tushar Mehta, appearing for the Enforcement Directorate.

 

The Enforcement Directorate was probing a coal smuggling syndicate that used to steal and illegally excavate coal from leasehold areas of West Bengal. The probe agency's investigation revealed that one hawala operator linked to layering of proceeds of crime of coal smuggling had facilitated transactions to I-PAC and the latter was one of the entities linked to hawala money. 

 

The probe agency said that during a raid, Banerjee along with a large number of police officials last week entered the residential premises of I-PAC's co-founder Prateek Jain, and took away key evidence including physical documents and electronic devices. Banerjee's convoy then proceeded to I-PAC's office premises, from where she, her aides, and the state police personnel forcibly removed physical documents and electronic evidence. These actions have resulted in obstruction in ongoing investigation and proceedings under the Prevention of Money Laundering Act, 2002, said the agency.

 

Banerjee has claimed that the documents contained information pertaining to her political party Trinamool Congress, which was associated with I-PAC since the 2019 Lok Sabha elections. "All election data is confidential and it is all kept there. There will be a lot of info on candidates etc. Why was the need to go there in the midst of the election," said advocate Kapil Sibal, appearing for Banerjee.

 

Meanwhile, the Enforcement Directorate has said that the search was evidence based and not targeted at any political establishment. No party office has been searched, said the agency, adding that the search was not linked to any elections, and was part of a regular crackdown on money laundering.  End

 

Reported by Surya Tripathi

Edited by Ashish Shirke

 

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