I-PAC case: Can ED approach accused state? SC asks govt

Kolkata: The Supreme Court on Tuesday questioned whether the Enforcement Directorate (ED) could reasonably seek a remedy from the West Bengal government in a case where the allegations themselves are directed against the state machinery, including Chief Minister

Mamata Banerjee.

A Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria was hearing petitions filed by the ED and some of its officers under Article 32 of the Constitution, seeking a CBI probe into the alleged obstruction of an ED raid at the office of I-PAC, a political consultancy associated with the Trinamool Congress.

During the hearing on preliminary objections to maintainability, Justice Mishra asked whether it would be appropriate for the ED to approach the state government when the allegations involve the Chief Minister. “The CM barges into an ED investigation, and your remedy is to go back to the same State?” the Bench remarked.

Senior Advocate Kapil Sibal, appearing for the state, argued that the ED cannot invoke Article 32 and must instead pursue remedies under ordinary criminal law. He submitted that any obstruction of public servants could be addressed under the Bharatiya Nyaya Sanhita, and that the state police are competent to investigate such allegations. Referring to Section 66 of the Prevention of Money Laundering Act (PMLA), Sibal said the ED could share information with the state authorities.

The Bench, however, observed that the provision may not apply, noting that the alleged obstruction constituted a separate set of offences distinct from the underlying PMLA investigation.

The court also indicated that ED officers, as individuals, could maintain a petition under Article 32, observing that they do not cease to be citizens merely because they hold official positions.

Senior Advocate Kalyan Banerjee, appearing for the Chief Minister, contended that the dispute effectively involved the Union government, which cannot invoke writ jurisdiction. Senior Advocate Abhishek Manu Singhvi, for the state DGP, suggested that the issue of maintainability be referred to a larger Bench, citing the constitutional scheme under Article 131.