The Enforcement Directorate (ED) has moved the Calcutta High Court accusing the West Bengal Police, allegedly acting in concert with Chief Minister Mamata Banerjee, of obstructing its officers and and failing to discharge their public duty in "flagrant and blatant disregard to law" during search operations carried out in Kolkata on January 8.
In a 28-page writ petition, the agency claimed the police failed to discharge their public duties and interfered with searches conducted under the Prevention of Money Laundering Act (PMLA), 2002, prompting the ED to seek urgent judicial intervention.
According to the petition, the agency invoked the court’s writ jurisdiction to “instil public confidence” and to immediately stop what it termed as "overreach" by the state police and the Chief Minister.
The ED alleged violations of the Bharatiya Nagarik Suraksha Sanhita, 2023, stating that its officers were prevented from carrying out statutory responsibilities.
What the ED claims happened on January 8
The ED said the searches were part of an ongoing probe linked to a coal smuggling case and covered multiple premises connected to Indian PAC Consulting Private Limited (I-PAC) and other entities. The petition alleges that events escalated when the Chief Minister entered the residential premises of Prateek Jain, director of I-PAC, during the search.
“The Chief Minister of West Bengal, Mamta Banerjee, entered the premises and with the aid of police personnel, forcibly took possession of all digital devices along with key incriminating documents from the possession of the authorised officer,” the petition stated, adding that “in another premise also similar incident also happened where files were taken in her car.”
The ED further claimed that the actions were documented in a panchnama drawn at the premises on January 8.
Police presence and alleged interference
Detailing the sequence, the petition said that around 11.15 am, a Deputy Commissioner of Police visited the premises citing a complaint of house trespass. Senior police officials, including the Kolkata Police Commissioner, later arrived and were shown search authorisations issued under Section 17 of the PMLA.
Despite requests not to interfere, the petition alleges that the Chief Minister entered the premises around 12.05 pm and left about ten minutes later with the seized materials. “However, violating all law and order… [she] forcibly took possession of all digital devices along with key incriminating documents,” the ED claimed.
Money trail and hawala allegations
The ED told the court that its investigation had uncovered “concrete material” indicating that at least Rs 20 crore in alleged proceeds of crime were transferred to I-PAC through hawala channels. It linked these transactions to a coal smuggling syndicate and said multiple pieces of evidence, including statements, pointed to a hawala nexus.
The agency said the January 8 action covered six premises in West Bengal and four in Delhi, involving persons allegedly connected to the generation and layering of proceeds of crime.
What the ED has asked the court to do
In its plea, the ED sought directions for a Central Bureau of Investigation probe into the incident. It requested the court to order the “immediate seizure, sealing and forensic preservation” of the documents and devices allegedly taken away, and their restoration to the agency’s lawful custody.
The petition also sought declarations that the obstruction of ED proceedings and the alleged wrongful confinement of officers were unconstitutional and illegal, along with directions to preserve CCTV footage and restrain any tampering with electronic records.
TMC’s counter and courtroom developments
The Trinamool Congress filed a separate petition seeking the return of articles it claims were illegally seized, including private and confidential data. It asked the court to direct authorities to “forbear themselves from harassing the petitioner and or its men, agents and assigns” and to declare the actions of the agency void and illegal.
As both petitions came up, there was disorder in the courtroom, following which Justice Suvra Ghosh adjourned the matter to January 14.
ED’s clarification
The ED has maintained that the searches were evidence-based and not politically motivated. “The search was evidence-based and is not targeted at any political establishment… The search is conducted strictly in accordance with established legal safeguards,” the agency said, adding that no party office was searched and the action was unrelated to elections.
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