NEW DELHI:The Enforcement Directorate (ED) on Thursday alleged before the Supreme Court that there was a "complete breakdown of law and order in West Bengal" and that Chief Minister Mamata Banerjee used state machinery to obstruct its probe into the I-PAC office in Kolkata in connection with a ₹2,700-crore coal smuggling case.
The submission was made by Solicitor General (SG) Tushar Mehta, appearing for the ED, before a Bench of Justices P K Mishra and N V Anjaria in the I-PAC raid and probe case.
The SG further justified the maintainability of the petition filed under Article 32 by the ED and its officers against Banerjee.
"The ED seeks a CBI probe against her (Mamata Banerjee) and others for interfering in the agency's search operations conducted earlier this year against political consultancy firm I-PAC in Kolkata," SG Mehta submitted before the apex court.
He further stated that the 'rule of law' is a part of the fundamental right to equality and when it is violated, the agency, in a representative capacity, and its officers, in both personal and official capacities, can approach the top court under Article 32 of the Constitution to seek relief.
The top court was hearing a plea filed by the ED on the alleged obstruction by Banerjee during a raid at the I-PAC premises.
Mehta claimed that this was a case involving illegal coal smuggling amounting to ₹2,700 crore. The ED and its individual officers, who are also citizens of India discharging their statutory functions, are seeking protection of their fundamental rights under Article 32 of the Indian Constitution.
Hearing these submissions, the court, however, observed that there was a problem with entertaining such petitions on behalf of state governments.
The Bench pointed out that there was an inherent danger in continuing to entertain such pleas. "This court will be flooded with Article 32 [petitions]. Not by individuals. By different state governments. As a court shall we discourage or shall we encourage this?," the court questioned.
On the other hand, the state government authorities vehemently denied the charges that they obstructed the raid conducted by the ED at the I-PAC premises, stating that the central agency's panchnama itself reflected this.
The state further submitted that the Article 32 petition filed by the ED against the state government was not maintainable, as Article 32 can be invoked only by citizens for violation of fundamental rights, and therefore the plea should be dismissed.
Echoing similar arguments, Additional Solicitor General (ASG) S V Raju, appearing for three officers, including Robin Bansal, said it was a fit case for transfer to the CBI.
"It is a fit case for giving the investigation to the CBI. I have shown how the investigation is tainted and biased. There are cross FIRs. The law is where there are cross FIRs, it has to be investigated by the same agency," he stated.
The hearing on Thursday remained inconclusive and will continue on another date.