Can ED go to cops if CM barges in during raid? Supreme Court asks Bengal
India Today
The Supreme Court was hearing West Bengal's objections to the maintainability of the ED plea filed under Article 32. The ED has sought a CBI probe into the alleged obstruction of its raids on I-PAC by Mamata Banerjee and her government.
The Supreme Court on Tuesday asked the West Bengal government if the ED could seek a remedy from the state police over the alleged interference by the Chief Minister during its raids on political consultancy firm I-PAC. The court was hearing Bengal's objections to the maintainability of the plea filed by the ED and its officers under Article 32. The ED has sought a CBI probe into the alleged obstruction of its raids on I-PAC by Mamata Banerjee and her government.
Opposing the ED's plea, senior advocate Kapil Sibal, representing Bengal, argued that the ED cannot file a petition under Article 32 when a remedy to approach the state police was available to it. Article 32 gives citizens the right to seek constitutional remedies from the Supreme Court over a violation of fundamental rights.
To this, the top court asked if approaching the state police for a remedy would be appropriate when the charges are against the state government itself.
"The Chief Minister barges into an ED investigation, and your idea of remedy for the ED is to go to the state government, which is headed by the CM and inform them about it and seek a remedy?" Justice Prashant Kumar Mishra said. The Supreme Court bench also comprised Justice NV Anjaria.
Sibal said if there was any interference, the state police could investigate the matter. He also underlined that the court should not assume that the Chief Minister had committed any offence.
The senior advocate further argued that allowing the ED to invoke writ jurisdiction under Article 32 would open a "Pandora's box". Sibal underscored that probe agencies can't claim they have a fundamental right to investigate.
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