ED moves Calcutta High Court seeking CBI FIR against CM Mamata Banerjee after I-PAC raid controversy

The Enforcement Directorate (ED) in a plea before the Calcutta High Court has sought a Central Bureau of Investigation (CBI) probe against Chief Minister Mamata Banerjee, who on Thursday stormed into the premises of political consultancy firm Indian Pac Consulting Private Limited (I-PAC) and the residence of its co-founder Pratik Jain where the ED was carrying out searches in connection with a money laundering case..Justice Suvra Ghosh will hear the case at 2:30 PM along with a similar petition moved by All India Trinamool Congress against "targeted" seizure of its party-related documents from the I-PAC-linked premises..Banerjee is alleged to have taken various documents and electronic evidence from the IPAC-linked premises during Thursday's ED raid. She has alleged that it contained information about her political party. According to reports, I-PAC has been working with the Trinamool Congress post-2019 Lok Sabha polls.However, the ED said the searches were carried out as part of investigation in connection with a money laundering case registered in 2020 against businessman Anup Majee, who is facing charges of coal smuggling..As per the 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. While the premises linked to the I-PAC were being searched, various officers of Kolkata police are also stated to arrived there to verify the identity of the officials. However, the process turned dramatic with Banerjee's arrival. In a statement released later, the ED said that Banerjee's actions caused obstruction in the ongoing investigation and proceedings under the PMLA. However, the TMC questioned the move ahead of the upcoming assembly elections in the State..All three parties – Trinamool Congress, ED and Jain - have filed separate petitions before the Court. While ED plea accuses Banerjee of obstruction and seeks return of the supposed evidence, TMC has prayed against leaking of any party-related information by the central agency. In its petition, ED has alleged that the sitting Chief Minister of the State of West Bengal, a constitutional functionary, has illegally interfered with and obstructed lawful search and seizure proceedings conducted by its officers under the PMLA, 2002."Such interference constitutes a direct assault on the independent powers of statutory investigating agency under the PMLA and subverts the rule of law," the plea states.ED has also argued that when the political executive uses State machinery to obstruct investigation, the rule of law ceases to operate, warranting immediate interference by Constitutional Courts.It has also alleged that its officers were wrongfully restrained and confined, and then physically prevented from exiting the premises and from performing statutory duties.Thus, it has prayed for a direction to the CBI for registration of an FIR to investigate the role of CM Banerjee, State police officers and other persons. "Hon’ble Chief Minister and State police themselves are perpetrators of wrongful confinement and obstruction of investigation, the only independent central agency viz. the CBI which is insulated from State control, can conduct a fair and credible investigation," the plea contends..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.