ED to Supreme Court: No claim of constitutional breakdown in West Bengal
New Delhi, April 23: The Enforcement Directorate (ED) on Thursday (April 23) told the Supreme Court that it is not claiming…
New Delhi, April 23: The Enforcement Directorate (ED) on Thursday (April 23) told the Supreme Court that it is not claiming any breakdown of constitutional machinery in West Bengal, clarifying that its case is limited to an alleged breach of the rule of law during the I-PAC investigation.
Appearing for the ED, Solicitor General Tushar Mehta emphasised that references to law and order failure should not be interpreted as invoking Article 356 (President’s Rule). The Supreme Court, however, cautioned that such arguments could carry “far-reaching consequences.”
SC Flags Serious Constitutional Implications
A bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria observed that suggesting a breakdown of constitutional machinery could open the door to President’s Rule in a state, making it a serious constitutional issue.
“You are arguing an extensive breach of law with very far-reaching implications. We hope you are not suggesting a breakdown of constitutional machinery,” Justice Anjaria remarked.
The Solicitor General responded clearly that the ED is not making any such claim and reiterated that its arguments are confined to the rule of law and Article 14, forming the basis of its petition under Article 32 of the Constitution.
ED Seeks CBI Probe in I-PAC Case
The ED has filed writ petitions seeking a CBI investigation against West Bengal Chief Minister Mamata Banerjee and senior state police officials. The agency has alleged obstruction during its raid at the office of I-PAC, a political consultancy linked to the All India Trinamool Congress (TMC).
According to the ED, the interference by the political executive and police officials violated the fundamental rights of its officers and obstructed a lawful investigation.
“Complete Breach of Law and Order”: SG
During the hearing, Mehta argued that there was a “complete breach of law and order” in the state and cited past incidents to support his claim. These included:
- The 2019 dharna by the Chief Minister during a CBI probe involving the Kolkata Police Commissioner
- The 2021 Narada case protests, where thousands surrounded a CBI court
- A recent incident in Malda where a mob allegedly gheraoed judicial officers
He argued that these incidents show a pattern of interference with investigative agencies.
ED: Cannot Rely on State Police
The ED also told the Court that it cannot seek relief from the same state police that has already filed an FIR against it.
“Can I approach the same police to investigate allegations against the Chief Minister, DGP, and senior officers when they have already given themselves a clean chit?” Mehta argued.
He urged the Court to order a probe by an independent and neutral agency like the CBI, under judicial supervision.
Not a Union vs State Dispute: ED
The Solicitor General stressed that the matter goes beyond a Centre vs State conflict, describing it as a case where a central agency’s investigation was obstructed by state machinery.
He added that such obstruction impacts not only the ED but also the rights of the public at large, justifying the filing of the petition under Article 32.
SC Earlier Called Situation “Extraordinary”
In the previous hearing, the Supreme Court had described the situation in West Bengal as “extraordinary.” The bench noted that a Chief Minister entering an ongoing ED raid cannot be treated as a routine federal dispute.
