ED moves SC, seeks CBI probe against Mamata Banerjee, top Bengal police officers

The Enforcement Directorate (ED) has sought a Central Bureau of Investigation (CBI) probe against West Bengal chief minister Mamata Banerjee, the state’s director general of police (DGP) and the Kolkata police commissioner, accusing them of obstructing a lawful money laundering probe, forcibly snatching digital devices and documents, and wrongfully confining ED officers during search operations at political consultancy firm I-PAC last week.

Details of the ED’s petition, which came to light on Monday, reveal a blistering attack on the Trinamool Congress-led state machinery, with the central agency alleging that the “highest constitutional functionary of the state” personally led a mob of senior officials and armed police personnel to derail an investigation under the Prevention of Money Laundering Act (PMLA).

In its writ petition before the Supreme Court, the ED has invoked Articles 14, 21, and 22 of the Constitution, seeking protection for its officers from what it described as “malicious criminal prosecution” and intimidation by the West Bengal government, and has urged the court to order an independent CBI investigation into the incident.

The agency alleged that Banerjee, accompanied by the chief secretary, DGP, Kolkata police commissioner, and nearly 100 police personnel, barged into search premises on January 8, where ED officers were conducting operations under Section 17 of the PMLA at the residence of I-PAC director Pratik Jain and at the office of Indian PAC Consulting Pvt Ltd.

According to the ED, its officers were threatened, restrained, and prevented from completing the search, while “a trunk load of files” and electronic devices, including laptops and mobile phones that were in the process of forensic extraction, were forcibly taken away. The petition alleges that ED officers were wrongfully confined and that even the mandatory panchnama (record of event) proceedings were compromised due to intimidation.

Terming the incident “shocking” and “unprecedented,” the ED said the actions amounted to a series of grave cognisable offences under the Bharatiya Nyay Sanhita (BNS), including theft, robbery, dacoity, house trespass, criminal intimidation, wrongful restraint and destruction of evidence. It has urged the Supreme Court to direct the CBI to register cases against Banerjee and senior police officials, contending that approaching the state police would be futile as the accused themselves control the police machinery.

“The State executive cannot sit in appeal over the ‘reason to believe’ of an ED officer under the PMLA, nor can it adjudicate the legality of a search by physical force,” said the petition, asserting that any grievance against ED action lies only before designated judicial forums.

Anticipating ED’s move, the West Bengal government filed a caveat in the Supreme Court over the weekend, seeking a hearing before any interim orders are passed.

In its 160 page petition, the ED claimed that the obstruction was aimed at destroying evidence in a large-scale money laundering probe linked to alleged illegal coal mining in West Bengal, where proceeds of crime to the tune of ₹2,742.32 crore were generated through plunder of natural resources. It said the searches were conducted after material surfaced showing receipt of over ₹20 crore in alleged proceeds of crime by Pratik Jain and entities linked to him through hawala channels.

Invoking the doctrine of parens patriae, the ED said it was acting as a guardian of the rights of citizens who are “diffused, unorganised and unidentified” victims of economic offences, stressing that free and fair investigation is an essential facet of Articles 14 and 21 of the Constitution.

The agency highlighted what it described as a “pattern” of interference by Banerjee whenever central agencies probe cases involving her party or its functionaries, citing earlier incidents where CBI officers were allegedly detained, intimidated, or attacked by party supporters during court proceedings or searches.

The ED told the Supreme Court that it was forced to bypass the Calcutta high court after its attempt to seek relief there was thwarted by disturbances in the courtroom. It cited a January 9 order of the high court recording that the environment was “not conducive” for hearing due to commotion caused by a large gathering, allegedly mobilised by supporters of the ruling party.

“The remedy under Article 226 has become illusory,” said the agency, urging the Supreme Court to intervene to restore the rule of law and protect investigating agencies from political intimidation.

The legal confrontation follows ED searches conducted at 10 locations, six in West Bengal and four in Delhi, in connection with a money laundering probe linked to alleged coal smuggling kingpin Anup Majee. Among the premises searched were the Salt Lake office of I-PAC and the residence of its director, Pratik Jain.

The ED has alleged that nearly ₹10 crore in proceeds of crime were routed to I-PAC through hawala channels and that the firm was paid by the Trinamool Congress for services during the 2022 Goa assembly elections. I-PAC has been associated with the TMC since the 2019 Lok Sabha polls and is currently engaged with the party ahead of the upcoming elections.

The Kolkata Police registered cases against ED officials following complaints by Jain’s family and TMC leaders alleging theft and illegal search. Banerjee has accused the ED of attempting to “steal” her party’s election strategy and led a protest march in Kolkata, defending her entry into the raid premises.