I-PAC raid row: SC questions Mamata’s role, tells Bengal govt ED can’t be left remedy-less | India News
New Delhi: The Supreme Court lashed out at the West Bengal government on Wednesday for objecting to its validity Enforcement DirectoratePetition alleging obstruction by Chief Minister Mamata Banerjee during raids on I-PAC.The apex court observed that no entity can be left without a remedy under the Constitution.A bench of Justices Prashant Kumar Mishra and NV Anjaria asked how the central investigating agency would take legal recourse if it was not allowed to go to court.“If the ED, according to you, cannot file a writ petition under Article 32, surely it cannot approach the High Court under Article 226. Where can they go? There cannot be a vacuum,” the apex court said.The bench also pulled up Mamata for allegedly obstructing officials during the raid and said it raises broader constitutional concerns.Appearing for the state, senior advocate Shyam Divan argued that the ED is not a judicial body and therefore cannot file the writ petition.He said only the Union of India had the power to initiate such proceedings and warned that allowing departments to independently invoke writ jurisdiction could disrupt the federal structure.Senior advocate Kapil Sibal, appearing for Mamata, also contended that the ED cannot seek directions for a CBI probe into the alleged obstruction.In its petition, the central agency demanded registration of an FIR against Banerjee and police officials. It also challenged an FIR filed by the West Bengal Police against its officers.Earlier, on January 15, the apex court termed the alleged obstruction as “very serious” and stayed the FIR against the ED officials who conducted the raid. It directed the West Bengal Police to preserve the CCTV footage of the raid.The court also issued notice on the ED’s plea for a CBI probe into the alleged obstruction of Banerjee, the West Bengal government, former DGP Rajeev Kumar and other senior police officials.