The Supreme Court of India on Wednesday sharply criticised West Bengal Chief Minister Mamata Banerjee over allegations of interference in an Enforcement Directorate I-PAC raids in Kolkata, terming the situation “extraordinary” and raising concerns about its implications for democratic institutions.
A bench comprising Justices Prashant Kumar Mishra and N V Anjaria made the observations while hearing a plea filed by the ED alleging obstruction during its January 8 search operation at the office of political consultancy firm Indian Political Action Committee in Kolkata.
“This is not a dispute between the Centre and the state. A chief minister of any state just walks in in the midst of an inquiry or investigation, puts democracy in peril,” the bench observed, rejecting arguments that the matter was merely a Centre-state issue.
The court said the alleged obstruction was “per se an act committed by an individual who happens to be the chief minister”, adding that such actions could place the entire system “in jeopardy”.
Senior advocate Menaka Guruswamy, appearing for a state official, argued that the ED’s petition under Article 32 was not maintainable and that there was no misconduct or intimidation of officials.
The bench, however, declined to refer the matter to a larger bench, stating that not every constitutional question warranted consideration by a five-judge panel.
“We will decide whether an Article 32 petition is maintainable,” the court said, adding that it could not “shut our eyes from the reality” on the ground.
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Describing the case as distinct from routine litigation, the court said, “This is an extraordinary situation… the contours are totally different,” while noting concerns raised in related proceedings about law and order conditions.
The ED has alleged that Banerjee and state authorities obstructed its search operations linked to a money-laundering probe connected to an alleged coal pilferage case.
On January 15, the top court had termed the alleged obstruction “very serious” and agreed to examine whether state agencies could interfere with investigations by central agencies in serious offences.
It had also stayed FIRs registered in West Bengal against ED officials involved in the raid and directed preservation of CCTV footage from the search sites.
Notices were issued to Banerjee, the West Bengal government and senior police officials, including former DGP Rajeev Kumar, on the ED’s plea seeking a probe into the alleged obstruction.
The hearing remained inconclusive on Wednesday and will continue on Thursday, with the court expected to further examine legal and constitutional questions arising from the case.
The proceedings come amid heightened political tensions, with the case raising broader issues on the balance of powers between state authorities and central investigative agencies.
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