The Supreme Court on Thursday, October 29, reserved orders on the writ petition filed by the Directorate of Enforcement (ED) and its officers seeking an FIR and investigation against former West Bengal Chief Minister Mamata Banerjee and certain police officials over the alleged obstruction of the ED's search of the offices of I-PAC, the political consultancy of the Trinamool Congress, LiveLaw reported.
Source: LiveLaw
The court reserved orders on the limited aspect whether it should refer the matter to the Central Bureau of Investigation (CBI) or leave it to the newly appointed State Government to investigate, LiveLaw reported. A bench comprising Justice Prashant Kumar Mishra and Justice NV Anjaria concluded the hearing on the writ petition.
Source: LiveLaw
Senior Advocate Kapil Sibal, appearing for the former Chief Minister, argued that the State can investigate and no court order was necessary. "Now Mamata Banerjee is not the Chief Minister, so there is no impediment. Now the State government is in the hands of another political party. They are entitled to send any matter to the CBI. Nobody can stand in the way. Why should your lordship pass orders?" Sibal said, according to LiveLaw.
Source: LiveLaw
Additional Solicitor General SV Raju contended that if the State refers the matter to the CBI, there will be allegations of "mala fide", and stated that senior police officials are also arraigned as accused persons and would be in a position to influence the investigation, LiveLaw reported. Justice Mishra referred to similar arguments made by Senior Advocate Menaka Guruswamy at the last hearing, noting the other side's concern that they will be accused of having political motives.
Source: LiveLaw
Apart from Mamata Banerjee, the respondents in the ED's petition are the then West Bengal DGP Rajeev Kumar, the then Kolkata Police Commissioner Manoj Kumar Verma and the then South Kolkata Deputy Commissioner Priyabatra Roy, LiveLaw reported. The allegations against all of them remain allegations at this stage; no court has made a finding against them in this petition.
Source: LiveLaw
The plea follows ED searches at the I-PAC office in Kolkata in connection with a coal scam money-laundering probe. The ED has alleged that during the operation the former Chief Minister reached the I-PAC office along with senior party leaders, confronted ED officials and took away certain files from the premises, which it claims impeded the investigation, LiveLaw reported. In its earlier proceedings in the same petition, the Supreme Court had issued notice to Mamata Banerjee and stayed the West Bengal Police FIRs against ED officers, LawStreet reported.
Source: LawStreet