Should ED seek remedy from CM-led police? Supreme Court corners West Bengal government

New Delhi: The Supreme Court on Tuesday questioned the feasibility of a contention raised by the West Bengal government that, aggrieved by the alleged obstruction of its raid of the I-PAC office by state Chief Minister Mamata Banerjee, the Enforcement Directorate (ED) should have approached the state police for remedy.

"The fact is that the chief minister barges in, commits an offence, upsets the ED (raid). According to you, ED should inform the state police (for remedy) which is headed by the chief minister?" a division bench comprising Justices PK Mishra and NV Anjaria told senior lawyer Kapil Sibal, who represented the West Bengal government.

In response, Sibal retorted that it was "not a fact but an allegation" levelled by the ED that Mamata Banerjee barged in. Justice Mishra sharply shot back "Don't mistake us. That is a fact...Yes, it's an allegation. But allegations are always based on some facts... It is because of the allegation we are here (presiding over the case)".


The development took place during the resumed hearing of a plea filed by ED against the Bengal government and CM accusing them of obstructing the agency's searches (in January) at the premises of political consultancy firm I-PAC and the residence of its co-founder Pratik Jain.

Justice Mishra questioned whether the ED officers cease to be citizens of India just because they were working for ED. "Can they (ED officers) be punched and said they have no remedy?...just because they are officers of the ED, they cannot approach under Article 32?" Justice Mishra said verbally.