I-PAC raid controversy: Supreme Court questions Mamata’s role, tells Bengal government that ED cannot be left without solution. india news
New Delhi: The Supreme Court The West Bengal government was reprimanded on Wednesday for raising objections to the validity of Enforcement DirectoratePetition on alleged obstruction by Chief Minister Mamata Banerjee during raid on I-PAC.The top court said that no entity can be left without remedy under the Constitution.A bench of Justices Prashant Kumar Mishra and NV Anjaria asked how the central probe agency would seek legal recourse if it was not allowed to approach courts.The apex court said, “If according to you the ED cannot file a writ petition under Article 32, then certainly it cannot even approach the High Court under Article 226. Where will they go? There cannot be a void.”The bench also pulled up Mamata on the charge of obstructing officials during the raids and said it gives rise to major constitutional concerns.Appearing for the state, senior advocate Shyam Diwan argued that the ED is not a judicial entity and hence cannot file a writ petition.He said only the Union of India has the authority to initiate such proceedings and warned that allowing departments to independently invoke writ jurisdiction could disrupt the federal structure.Senior advocate Kapil Sibal, appearing for Mamata, also argued that the ED cannot seek directions for a CBI investigation into the alleged obstruction.This comes after the central agency, in its petition, had sought registration of an FIR against Banerjee and the police officials. It has also challenged an FIR filed by the West Bengal Police against its officers.Earlier, on January 15, the apex court had termed the alleged obstruction as “very serious” and stayed the FIR against the ED officials who conducted the raid. It also directed the West Bengal Police to preserve the CCTV footage of the operation.The court had also issued notices to Banerjee, the West Bengal government, former DGP Rajeev Kumar and other senior police officials on the ED’s plea seeking a CBI probe into the alleged obstruction.
