Central agencies have no right to interfere in the electoral process

In the dispute case that arose after the raid on 'I-Pac' in Kolkata, a hearing was held in the Supreme Court on Thursday. The Supreme Court, hearing the plea of the ED, showed a mirror to both parties in its order. The court said that central agencies have no right to interfere in the electoral process of any party, but they can take action against illegal activities. At the same time, the court has taken a tough stance on the interference of the state government or police in the investigation of central agencies.

The Supreme Court clearly stated that a state agency or police cannot be given the liberty to carry out such activities. Saying this, the court has issued a notice to the Mamata government and the Bengal police. The FIR filed by the Bengal police against ED officials has also been stayed till the next hearing. The next hearing of the case has been scheduled for February 3. The Supreme Court has ordered the West Bengal government and police to preserve all CCTV footage, devices, and documents.

During the hearing, a bitter debate took place between Solicitor General Tushar Mehta, who appeared on behalf of the ED, and senior advocate Kapil Sibal, who appeared on behalf of the Bengal government. The Solicitor General alleged that Mamata Banerjee stole files, to which Sibal questioned why the ED went to 'I-Pac' before the election.

A bench of Justices Prashant Kumar Mishra and Vibhu Pancholi heard the plea filed by the ED. Solicitor General Tushar Mehta, appearing on behalf of the ED, said that this is a shocking case. The Chief Minister herself arrived, a raid was conducted, and obstacles were created in the investigation. The state police worked in a manner similar to that of political members. The ED was taking action under Section 17 of the PMLA. This process was deliberately affected. He also said that it reveals a surprising trend. When a legal institution is performing its duties, Chief Minister Mamata Banerjee interferes, the police commissioner accompanies her, and then they protest.

The Solicitor General said that the ED officials informed the local police and took action under Section 17 of the PMLA. Chief Minister Mamata Banerjee seized all the files, which is theft. She also took away an ED officer's phone. This will encourage such actions and demoralize the central forces. The state government thinks it can commit dacoity, steal, and then protest. An example should be set by suspending the officers who were clearly present there. To this, Justice Mishra said, should we suspend them? In response, the Solicitor General said, please direct the competent authority to take action. Please take notice of the matter.

Senior advocate Kapil Sibal, appearing on behalf of the Bengal government, said that the responsibility of the election in West Bengal lies with I-Pac. The party had entered into a formal agreement with I-Pac in 2021. We believe the ED is aware of this. Justice Mishra said, are elections in West Bengal conducted by I-Pac or the Election Commission? Sibal said that I-Pac keeps various types of data. When they went there, they knew that several party-related data would be present. What was the need to go there during the election? The last statement in the coal scam was recorded on February 24, 2024, what were they doing since then? Sibal questioned how we would fight the election if we got the information. Why should the ED go to the part of the party office where all the information is available? Sibal also said that the allegation of the Chief Minister seizing all the material is also false. It is proven by their own panchnama. This is being done only to create bias.

On behalf of the state and the DGP, Singhvi said that we strongly object to accepting this plea. If a notice is to be issued, it should be clarified that it is subject to our acceptable objection. The ED is allowed to enter only in extraordinary circumstances, where there is practically no other way. I also oppose 'forum shopping'.