New Delhi: The Enforcement Directorate (ED) has introduced a fresh dimension to its ongoing legal confrontation with West Bengal Chief Minister Mamata Banerjee by moving the Supreme Court to implead the Ministry of Home Affairs (MHA) and the Department of Personnel and Training (DoPT) in the matter.
The agency filed a fresh appeal before the apex court on Thursday, seeking the inclusion of these central government departments in its criminal writ petition related to the alleged obstruction of an ED search operation in Kolkata earlier this month.
Background: I-PAC Search and January 8 Incident
The case stems from events on January 8, when the ED was conducting a search operation against I-PAC (Indian Political Action Committee), a political consultancy firm, in Kolkata. According to the ED, the search proceedings were allegedly disrupted after Chief Minister Mamata Banerjee rushed to the residence of I-PAC chief Pratik Jain while the operation was underway.
The ED has claimed that the Chief Minister’s actions were aimed at foiling the central agency’s lawful search and investigation.
ED Moves SC Before Verifying Reports on Chief Secretary’s Presence
Notably, the ED approached the Supreme Court seeking impleadment of MHA and DoPT even before conclusively establishing the veracity of reports suggesting that West Bengal Chief Secretary Nandini Chakravorty was also accompanying the Chief Minister during her visit to Pratik Jain’s residence.
This move coincided with the Supreme Court taking up the ED’s original criminal writ petition in the matter.
Supreme Court Terms Incident “Serious,” Issues Notices
While hearing the original petition, the Supreme Court described the January 8 incident as “serious” and issued notices to:
- Chief Minister Mamata Banerjee
- West Bengal DGP Rajeev Kumar
- Other senior state officials
The apex court also indicated that it would examine the larger constitutional issue of alleged interference by state agencies in the functioning of central investigative agencies.
State Government’s Defence: Z-Category Security Cover
The West Bengal government has defended the presence of DGP Rajeev Kumar alongside the Chief Minister at Pratik Jain’s residence, stating that Mamata Banerjee is a ‘Z-category protectee’, and the police presence was part of her mandated security protocol.
Fate of ED’s Fresh Appeal Hinges on State’s Response
The fate of the ED’s latest appeal seeking to implead the MHA and DoPT will depend on the response filed by the West Bengal government to the Supreme Court’s notice in the criminal writ petition.
The apex court is expected to consider the state’s reply before deciding whether the central ministries should be made party respondents in the case.
ED Seeks Impleadment of Respondents 7–9
In its fresh appeal, the ED has sought the impleadment of “proposed respondents 7–9”, contending that their presence is essential for effective adjudication of the matter.
The proposed respondents are:
- Respondent No. 7: Department of Personnel and Training (DoPT)
- Respondent No. 8: Ministry of Home Affairs (MHA)
- Respondent No. 9: Government of West Bengal, represented through the Chief Secretary
According to the ED, these entities are necessary and proper parties to enable appropriate action against senior police officers allegedly involved in disrupting the ED’s search proceedings.
Existing Respondents in ED’s Criminal Writ Petition
The ED’s criminal writ petition already names several key individuals and agencies as respondents, including:
- Respondent No. 2: Chief Minister Mamata Banerjee
- Respondent No. 3: West Bengal DGP Rajeev Kumar
- Respondent No. 4: Kolkata Police Commissioner Manoj Verma
- Respondent No. 5: Priyabrata Roy, Deputy Commissioner of Police (South Kolkata)
- Respondent No. 6: Central Bureau of Investigation (CBI)
ED’s Argument: Accountability of Senior Police Officers
The ED has argued that impleading the MHA and DoPT is necessary to facilitate institutional and administrative action against senior police officers who were allegedly party to the disruption of a central agency’s lawful operation.
The agency maintains that the case goes beyond an isolated incident and raises serious questions about federal authority, administrative discipline, and coordination between state and central agencies.
Rajeev Kumar’s Past Run-Ins With Central Agencies
This is not the first time that central investigative agencies have been locked in a legal tussle with IPS officer Rajeev Kumar.
In 2019, when Rajeev Kumar was serving as the Kolkata Police Commissioner, the CBI had conducted a raid at his residence in connection with the Saradha chit fund case. Subsequently, CBI officers were detained by the state police, prompting the central agency to approach the courts seeking action against him.
That case continues to remain pending before the Supreme Court.
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