New Delhi, Oct. 29: The Supreme Court on Thursday reserved orders on a plea by the Directorate of Enforcement and one of its officers seeking a CBI investigation against former West Bengal Chief Minister Mamata Banerjee and senior police officers over their alleged obstruction of the agency’s January 8 searches at premises connected with political consultancy firm I-PAC and its co-founder Pratik Jain.
A bench comprising Justice Prashant Kumar Mishra and Justice N.V. Anjaria reserved orders upon the conclusion of arguments on the limited question whether the investigation should be entrusted to the Central Bureau of Investigation or left to the BJP-led State government, which came to power in May this year after defeating the Mamata Banerjee-led Trinamool Congress.
Senior advocate Kapil Sibal, appearing for Banerjee, submitted that there was no longer any impediment to an investigation by the State police as she was no longer Chief Minister and the government was now headed by another political party.
He argued that the State itself was competent to refer any matter to the CBI and questioned the need for the Supreme Court to issue such a direction. Sibal also assured the court that no allegation of political motivation would be raised if the State government chose that course.
Additional Solicitor General S.V. Raju, appearing for the ED, however, submitted that a reference by the State government could itself invite allegations of mala fide. He also pointed out that senior police officers were among those against whom allegations had been made and contended that their position could enable them to influence an investigation conducted by the State machinery.
The ED petition also names the then West Bengal DGP Rajeev Kumar, then Kolkata Police Commissioner Manoj Kumar Verma and then South Kolkata Deputy Commissioner Priyabrata Roy.
The dispute arose from searches conducted by the ED on January 8 in connection with its money-laundering probe into alleged coal smuggling. The agency has alleged that Banerjee, accompanied by senior State police officers and political leaders, reached the premises during the operation and interfered with the search.
It has further alleged that documents and electronic material connected with the investigation were removed from the premises, thereby impeding the probe.
The ED subsequently approached the Supreme Court seeking registration of an FIR and a CBI investigation, alleging that State machinery had been used to obstruct its officers in the discharge of their statutory functions.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
