New Delhi: The Enforcement Directorate (ED) on Monday filed a writ petition in the Supreme Court seeking a CBI investigation into 17 offences under the Bharatiya Nyaya Sanhita (BNS) allegedly committed by West Bengal Chief Minister Mamata Banerjee, the state DGP and the Kolkata police commissioner. The agency has accused them of obstructing an ED raid on I-PAC’s Pratik Jain on January 8, tampering with evidence, stealing official material and intimidating ED officers.
The ED has urged the apex court to direct the “immediate seizure, sealing, forensic preservation and restoration to lawful custody” of all digital devices, electronic records, storage media and documents that were allegedly taken away forcibly from the search premises.
In its petition, the agency accused the chief minister and senior police officials of serious criminal acts, including robbery, dacoity, theft, use of criminal force to deter a public servant from discharging duty, destruction of evidence and criminal intimidation. Calling the incident “shocking, unprecedented and extraordinary,” the ED said that those entrusted with upholding the law — the CM, DGP and Kolkata police commissioner — were themselves party to cognisable offences warranting registration of an FIR.
The agency said the raid on Pratik Jain’s residence was part of its investigation into a multi-state money laundering case involving nearly ₹3,000 crore allegedly generated through illegal coal mining. According to the ED, Jain had received around ₹20 crore from the proceeds of crime.
In its submission, the ED alleged that the chief minister, accompanied by the chief secretary, DGP, Kolkata police commissioner, deputy commissioner and other officials, entered the premises during the search operation. “They intimidated ED officers and forcibly took away files and electronic evidence containing incriminating material,” the agency claimed, adding that its officers were threatened and prevented from completing the search. The searches were being conducted at two locations — Jain’s residence and the office of Indian PAC Consulting Pvt Ltd.
The ED argued that approaching the local police to register an FIR would be futile, as the alleged offences involve the chief minister, who also holds the home portfolio and under whose authority the state police functions.
The agency further claimed that it could not secure a hearing before the Calcutta High Court in its petition seeking registration of an FIR and a CBI probe because supporters of the chief minister allegedly created a ruckus in court, forcing the judge to adjourn proceedings. It has therefore sought directions from the Supreme Court restraining West Bengal Police from registering any FIR against ED officials without prior court approval.
Citing WhatsApp messages allegedly circulated among party workers to mobilise crowds at the court, the ED said that the atmosphere created by the CM’s supporters had rendered its constitutional remedy under Article 226 “illusory.”
The agency also alleged that the state police had maliciously registered multiple FIRs against ED officers over the raid and has sought protection from the court to ensure it can continue its investigation into the PMLA case linked to illegal coal mining and I-PAC without obstruction.
