Commotion in courtroom: Why Calcutta High Court adjourned ED v. Mamata Banerjee case

Disturbed by the commotion inside the courtroom, the Calcutta High Court on Friday adjourned the hearing of petitions related to the Enforcement Directorate (ED)’s raids on the premises of political consultancy firm I-PAC and the residence of its co-founder Pratik Jain.

In an order passed today, Justice Suvra Ghosh noted that a large number of advocates and other individuals entered her courtroom and created “enormous disturbance and commotion” when the matter was taken up.

According to the order, despite the judge making several requests to maintain decorum and dignity so that the matter could be heard, those requests “fell on deaf ears.” Consequently, the Court adjourned the hearing to the afternoon of January 14.

“The environment in the court room is not conducive to commence/continue with the hearing. In view of such situation, this Court is constrained to adjourn the matter,” the judge wrote.

The Court was scheduled to hear two cross-petitions filed by the Enforcement Directorate (ED) and the All India Trinamool Congress (TMC).

The ED’s plea seeks a CBI probe against Chief Minister Mamata Banerjee for allegedly obstructing an ongoing investigation, as well as the return of documents and electronic material she is said to have taken from premises linked to political consultancy firm I-PAC.

The TMC, on the other hand, has sought directions restraining the central agency from leaking any party-related information.

National attention turned to Kolkata on Thursday after Chief Minister Banerjee entered the I-PAC office and the residence of its co-founder while the ED was conducting searches in connection with a money-laundering probe.

Banerjee is alleged to have removed several documents and electronic devices from the premises. She claimed that the material contained information pertaining to her political party. According to reports, I-PAC has been associated with the Trinamool Congress since the 2019 Lok Sabha elections.

The ED has maintained that the searches were part of its investigation into a 2020 money-laundering case registered against businessman Anup Majee, who is accused of involvement in coal smuggling.

According to ED, a coal smuggling syndicate led by Majee used to steal and illegally excavate coal from ECL leasehold areas of West Bengal and then sell it at various factories/plants in West Bengal. ED has alleged that a large part of this coal was sold to Shakambhari Group of companies.

The probe against Majee revealed links with Hawala operators as well, as per the ED. Among them, one hawala operator linked to layering of proceeds of crime of coal smuggling is alleged to have facilitated transactions of tens of crores of rupees to I-PAC.

ED in a strongly-worded plea before the High Court has said that Banerjee’s “interference constitutes a direct assault on the independent powers of statutory investigating agency under the PMLA and subverts the rule of law.”

On the other hand, the Trinamool Congress has alleged that the action against I-PAC was “a mere pretext of investigation” adopted to unlawfully gain access to the party’s campaign and political strategy ahead of the upcoming assembly elections in West Bengal. 

Additional Solicitor General SV Raju along with advocates Dhiraj Trivedi, Zoheb Hossain, Somrat Goswami, Sunit Gupta, Swapna Jha, Supriti Sarkhel and Shwetank S Prasad appeared for the ED.

Advocates Kumar Jyoti Tewari, Arijit Majumder, Rashmi Bothra appeared for the Union of India.

[Read Order]