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'Not a happy situation': SC on Mamata Banerjee 'barging' during ED raids
The bench added that a central body like the ED cannot be left remediless when its functioning is interrupted.
The Supreme Court of India on Wednesday told West Bengal that the Chief Minister Mamata Banerjee's interference with the Enforcement Directorate's raids of the I-PAC office is "not a happy situation."
As per Bar and Bench, the bench, comprising Justice Pankaj Mishra and Justice NV Anjaria, added that a central body like the ED cannot be left remediless when its functioning is interrupted.
This statement from the bench comes as the justices responded to Bengal's argument that a central government agency cannot invoke the remedy under Article 32 of the Constitution.
"ED is not a juristic entity... it is nothing beyond just a department of the Government. It does not have by itself any personality," said Advocate Shyam Divan, who represented the state of West Bengla in the hearing.
As per LiveLaw, he added that if there is no enforceable fundamental right, “the Article 32 petition is not maintainable.”
Divan added that if central agencies such as the ED were allowed to use Article 32, it would result in a "dangerous precedent for the federal structure."
He added that if central agencies are allowed to use Article 32, it would "completely bypass the checks and balances in the constitutional framework" as it would result in the article being used by one department against the order.
Meanwhile, Senior Advocate Kapil Sibal, who made submissions on behalf of CM Mamata Banerjee, also stated that the ED cannot file a writ petition calling on the CBI to register an FIR.
"ED cannot ask the CBI to investigate. Unless there is a predicate offence ED cannot come into the picture, cannot file a writ petition for the fundamental right to have the CBI lodge an FIR," Sibal was quoted as saying by LiveLaw.
Case background
In January, Chief Minister Mamata Banerjee rushed to the house of I-PAC director Pratik Jain as the ED launched a raid into the political consultancy firm.
As per the central agency, Banerjee entered key raid locations and interrupted the investigation by taking away "key evidence", including physical documents and electronic devices.
Mamata Banerjee has denied the allegations and stated that the central agency is acting on the Centre's "political vendetta".
