The Enforcement Directorate (ED) has approached the Supreme Court by filing an Article 32 petition alleging that its investigation into an alleged coal smuggling-linked money laundering case related to I-PAC was "obstructed" by the West Bengal government and Chief Minister Mamata Banerjee.
In its plea, the ED claimed that its "right to conduct a fair and independent investigation has been curtailed by the state machinery"
The ED moved the apex court after the Calcutta High Court deferred hearings on its plea till January 14. The ED had approached the Calcutta High Court, seeking a CBI probe against Banerjee, alleging that she, with the aid of the police, took away incriminating documents from the agency's custody during the raid at I-PAC chief Pratik Jain's home.
Meanwhile, the West Bengal government has filed a caveat in the Supreme Court seeking that no order should be passed without hearing it in connection with the raids.
A caveat is filed by a litigant in the high courts and the Supreme Court to ensure that no adverse order is passed against it without it being heard.
In another development, the Kolkata police on Saturday started the investigation into the alleged theft of documents during the Enforcement Directorate (ED) raids in the office of I-PAC and the residence of its chief Pratik Jain.
According to police officials, the investigators are trying to identify the central agency personnel present at both locations during the operation.
On Saturday morning, officers from Shakespeare Sarani Police Station visited Jain's residence and collected CCTV footage and DVR recordings, a senior officer said, reported PTI.
"Statements of household staff and security personnel were also recorded. Once identification is complete, notices will be issued to the accused," the officer said.
The police have registered several FIRs against unknown ED officials, including two based on complaints lodged by West Bengal Chief Minister Mamata Banerjee.
Banerjee lodged her complaints against unknown ED officials and CRPF personnel at the Shakespeare Sarani Police Station, and against unknown ED sleuths at the Electronic Complex PS under the Bidhannagar Police, in connection with the agency's raids at Jain's Loudon Street residence and his Salt Lake office, respectively, on Thursday.
Cases at the Shakespeare Sarani police station were lodged under sections of the Bharatiya Nyaya Sanhita (BNS) pertaining to criminal intimidation, theft and criminal trespass, as well as under Section 66 of the IT Act, which deals with computer-related offences, criminalising dishonest or fraudulent acts like unauthorised access or data damage, the police officer said.
Besides, police also lodged a suo motu case at the same police station against the agency late on Thursday evening.
Talking more about the case, the officer said that the central agency personnel had conducted a search at Jain's Loudon Street apartment on Thursday morning around 6:15 am, but Kolkata Police were informed only five hours later via email.
"Upon receiving news of the search, police officers, including the Deputy Commissioner of Police (South), went to the residence to speak with the ED officials. They were obstructed by ED and CRPF personnel present there, at times raised batons towards officers," the officer alleged.
The investigation was initiated after the TMC chairperson's allegations regarding the theft of Trinamool Congress election-related documents.
Police have registered cases at the Shakespeare Sarani Police Station in Kolkata and the Electronic Complex Police Station in Bidhannagar under relevant sections for theft, and offences like criminal trespass in addition to sections of the IT Act.
According to the complaint, unidentified ED and CRPF personnel entered Jain's apartment and the I-PAC office in Salt Lake Sector V, allegedly removing documents and electronic data.
"The ED officials did not show identity cards or inform local authorities of the search. When police requested details, including the court-issued search warrant, they were allegedly pushed and blocked from entering," the officer said.
The investigation is ongoing, and all aspects, including the role of central agency personnel, are being examined, he said.
The ED carried out raids at six locations in West Bengal since Thursday morning, including the residence of IPAC chief and TMC IT cell head Prateek Jain in Loudon Street and the company's office at Godrej Waterside Building in Sector V, Kolkata.
West Bengal Chief Minister Mamata Banerjee, who reached Jain's residence during the raid, alleged that the ED officials were attempting to seize hard disks and internal documents containing TMC's sensitive organisational data.
(With inputs from PTI)