The Supreme Court on Thursday raised serious concerns over West Bengal Chief Minister Mamata Banerjee’s presence during an Enforcement Directorate (ED) raid at I-PAC offices, calling the situation “unusual” and potentially problematic.
A bench comprising Justices Prashant Kumar Mishra and N.V. Anjaria questioned whether central agencies would be left without legal remedies if such incidents were allowed to occur.
“What if tomorrow another Chief Minister barges into a raid? Can the ED be left without remedy?” the court observed.
The ED has alleged that Mamata Banerjee entered the premises during the raid and left with a laptop, mobile phone, and important documents from the residence of Pratik Jain, head of election consultancy firm I-PAC. The agency termed the act a “gross abuse of power” and has sought legal action against the Chief Minister and accompanying officials.
Federal Structure Debate Intensifies
Representing the West Bengal government, senior advocate Shyam Divan argued that allowing a central agency to file a petition against a state government could undermine India’s federal structure.
He pointed out that agencies such as the CBI, NCB, DRI, and SFIO do not have the authority to initiate legal proceedings against state governments. According to him, such powers could lead to excessive inter-governmental conflicts.
However, the Supreme Court highlighted the need for a legal mechanism to address “exceptional situations,” such as alleged obstruction by a constitutional authority.
“There should not be a vacuum,” the bench remarked, emphasizing the importance of judicial clarity.
Divan responded that the issue requires consideration by a larger bench to ensure a balanced interpretation that does not disrupt federal principles.
Next Hearing
The matter is scheduled for further hearing on March 24, where the court is expected to examine the constitutional and legal framework governing such disputes.
