Can ED seek remedy from State if CM disrupts raid? Supreme Court asks Bengal
New Delhi, March 24: The Supreme Court on Tuesday questioned whether the Enforcement Directorate (ED) can seek relief from a State…
New Delhi, March 24: The Supreme Court on Tuesday questioned whether the Enforcement Directorate (ED) can seek relief from a State government when allegations of obstruction are against the State itself, in connection with the disruption of an ED raid in West Bengal.
A bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria was hearing petitions filed by the ED and its officers seeking a CBI probe into the alleged obstruction of a raid at the I-PAC office, linked to the Trinamool Congress.
Court Questions Remedy Against State
During the hearing, the Court raised concerns over the State’s argument that the ED should approach local authorities for a remedy.
“The Chief Minister barges into an ED investigation, and your remedy is to go to the State government headed by the same Chief Minister?” Justice Mishra asked.
The Court indicated that such a remedy may not be appropriate when the allegations involve the State machinery itself.
Debate on Maintainability of Petition
Senior Advocate Kapil Sibal, appearing for the West Bengal government, argued that the ED cannot invoke Article 32 of the Constitution. He said investigative agencies do not have a fundamental right to investigate and must follow statutory remedies.
He also warned that allowing such petitions could open a “Pandora’s box,” as it would enable government agencies to directly approach constitutional courts.
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SC Says ED Officers Are Still Citizens
The Court, however, observed that individual ED officers can approach the Supreme Court if their fundamental rights are violated.
“Merely because they are ED officers, do they cease to be citizens of India?” Justice Mishra remarked.
The bench suggested that officers, as individuals, retain their constitutional rights even while performing official duties.
Allegations of Obstruction During Raid
According to the ED, Chief Minister Mamata Banerjee, along with party leaders and police officials, entered the premises during the raid and allegedly interfered with the investigation, including removal of documents and devices.
Following the incident, the West Bengal Police registered FIRs against ED officials, which have been challenged before the Court.
State’s Stand and Legal Issues
The State government has denied wrongdoing and argued that police acted on information about suspicious persons at the premises.
It also raised objections on jurisdiction, suggesting that disputes between the Centre and State should be dealt under Article 131 of the Constitution, not Article 32.
Case to Continue in April
The Supreme Court has indicated that arguments on the maintainability of the petitions will continue, with the matter likely to be taken up again in April.
