IPAC raid case: SC adjourns ED plea against state govt to Feb 10

Kolkata: The Supreme Court on Tuesday adjourned to February 10 the hearing on a petition filed by the Enforcement Directorate (ED) alleging obstruction by the West Bengal government during searches conducted at the office of political consultancy I-PAC and the residence of its director Pratik Jain in connection with an alleged coal pilferage scam.

A Bench comprising Justices Prashant Kumar Mishra and N V Anjaria deferred the matter after Solicitor General Tushar Mehta, appearing for the ED, informed the court that the state government had filed its counter affidavits and sought time to respond.

The West Bengal government has raised a preliminary objection to the maintainability of the ED’s writ petition before the apex court, citing the pendency of similar proceedings before the Calcutta High Court.

The state has argued that the ED, being a statutory body, does not possess fundamental rights and therefore cannot directly invoke the Supreme Court’s writ jurisdiction. It has also alleged violation of the right to privacy under Article 21 during the searches.

The state government further questioned the continuation of what it termed “parallel proceedings” before both the High Court and the Supreme Court on the same cause of action. It has contended that the ED exceeded its powers by carrying out an omnibus search and seizure operation without issuing effective prior notice, and alleged breach of privileged communications during the raids.

The matter assumes significance in light of the Supreme Court’s observations on January 15, when it described the alleged obstruction of the ED’s investigation by Chief Minister Mamata Banerjee and other state functionaries as “very serious”.