'Constitution humiliated': ED flags 'pattern of obstruction' by Mamata Banerjee in plea before Supreme Court

West Bengal Chief Minister Mamata Banerjee with Director General of Police Rajeev Kumar.

• ED seeks Supreme Court intervention over alleged obstruction by Mamata Banerjee
• ED alleges evidence was seized during Kolkata raids tied to I-PAC money laundering.
• Agency alleges state police misuse, calls for CBI probe

Did our AI summary help?

The Enforcement Directorate on Monday approached the Supreme Court seeking its urgent intervention and a CBI probe into what it termed as "obstruction" of its search operations linked to political consultancy I-PAC in Kolkata, alleging that West Bengal Chief Minister Mamata Banerjee has "made a pattern to take law into her hands" and misused the state police to derail central investigations.

In its plea, the ED said Mamata's intervention during the January 8 raids were not an isolated episode but part of a larger, repeated pattern in which the Chief Minister and senior police officials allegedly interfere whenever investigations threaten to uncover incriminating material.

'Misuse of state machinery'

The agency told the court that Mamata, along with the Chief Secretary, Director General of Police and Kolkata Police Commissioner, entered premises where ED searches were underway and allegedly obstructed officers performing their statutory duties under the Prevention of Money Laundering Act (PMLA).

"She has made a pattern to take law into her hands and misuse the state police whenever any crime is investigated which is not to her liking," the ED said in its petition.

Calling the situation a "shocking state of affairs in West Bengal", the agency argued that those entrusted with enforcing the law had themselves committed cognisable offences, triggering a mandatory duty to register FIRs under the Supreme Court's Lalita Kumari judgment.

'Evidence taken away'

Detailing the incident, the ED said it was probing a multi-state money laundering case involving alleged proceeds of crime worth Rs 2,742.32 crore generated through illegal coal mining. Searches were conducted at the residence of I-PAC co-founder Pratik Jain after material allegedly showed receipt of over Rs 20 crore in proceeds of crime.

According to the ED, Banerjee and senior officials "barged into the premises" during the search.

"They not only started intimidating and threatening the officers but also snatched the files and electronic evidence containing incriminating material," the plea said, adding that the seized material had already been taken into lawful possession under the PMLA.

The agency claimed its officers were prevented from continuing the search.

'Constitution and rule of law humiliated'

The ED stressed that the evidence seized had "nothing to do with any political party" and was strictly linked to the money laundering probe.

"When the evidence gathered by the investigating agency was snatched by none other than the Chief Minister, DG of Police and the Police Commissioner and this fact was made a spectacle before the media, it was the Constitution and the rule of law which was humiliated," the agency told the court.

It argued that approaching local police to register FIRs was futile since the same officials were allegedly involved in the offences.

'Court disruption...multiple FIRs'

The ED also accused supporters of the ruling party of disrupting proceedings before the Calcutta High Court to prevent the matter from being heard.

"Such is the clout enjoyed and illegal tactics employed that proceedings before the High Court could not take place due to ruckus and commotion," the plea said, citing WhatsApp messages allegedly mobilising party supporters to gather at the court.

The agency alleged that after such incidents, multiple FIRs are registered against central agency officials with "manifold ulterior motives".

"The first is to intimidate the officers to deter them from conducting any investigation in present or in future," it said.

In the I-PAC case, the ED claimed that under the guise of an FIR, the West Bengal police seized CCTV cameras that had recorded the alleged obstruction, amounting to destruction of evidence.

The ED said the actions amounted to several cognisable offences under the Bharatiya Nyaya Sanhita, including theft and obstruction of public servants.

Plea for Supreme Court intervention

Calling it a rare and exceptional case, the ED urged the Supreme Court to step in to restore the authority of statutory agencies.

"This is one of those rare cases where it is constitutionally imperative for the highest court to intervene so that no political leader belonging to any political party attempts to take law into her own hands and make a spectacle out of committing criminal offences in public glare," the agency said.