Former West Bengal Chief Minister Mamata Banerjee informed the Supreme Court on Thursday that the current Suvendu Adhikari-led government has the authority to transfer the investigation regarding the alleged obstruction of Enforcement Directorate (ED) raids at the I-PAC office in Kolkata to the Central Bureau of Investigation (CBI). The Supreme Court bench, comprising Justices Prashant Kumar Mishra and N V Anjaria, has reserved its verdict on the ED’s plea, which claims that Banerjee and other state officials obstructed the agency’s search on January 8.

The ED has requested the court to ensure a fair investigation, thereby preventing any allegations of bad faith against the agency. Senior advocate Kapil Sibal, representing Banerjee, argued that the political landscape in West Bengal has changed, allowing the new government to refer the case to the CBI without any hindrance.

Sibal stated that the previous situation, where Banerjee was the sitting Chief Minister, is no longer applicable. He emphasised that the new government can take any necessary actions regarding the case, and no one should obstruct that process. He further contended that the state has the power to refer cases to the CBI under the Delhi Special Police Establishment Act, 1946.

Arguments Presented in Court

During the proceedings, the bench noted that senior advocate Maneka Guruswamy, also representing the matter, had previously made a similar argument. However, Solicitor General Tushar Mehta raised concerns about potential allegations of mala fide actions. In response, Sibal questioned why the state government would fear such allegations, asserting that it would have to address any criticism that might arise.

Additional Solicitor General S V Raju, representing the ED, highlighted that the case involves not just political leaders but also active police officials. He reiterated that allegations of mala fide could be made, and the Supreme Court had not intervened previously. The bench then posed a question to Raju, asking why the government could not now refer the case to the CBI, given the current calm situation.

Raju responded that if the case were to be referred to the CBI, it would need to be argued anew before the High Court. He pointed out that the allegations extend beyond the former Chief Minister to include senior police officials who could still exert influence over the proceedings.

Context of the Investigation

On August 18, the ED had sought the Supreme Court’s guidance on whether the CBI could investigate offences allegedly committed by a sitting Chief Minister. Guruswamy argued that the change in government allows the state to address the request for sanction and transfer the case to local police, leaving no need for court intervention.

Mehta insisted that the court should resolve the broader issue, stating that the agency wished to avoid allegations that the state government transferred the case to the CBI for political reasons. He expressed a desire for the court to clarify the situation, asserting that the agency did not wish to be perceived as politically motivated.

The Bharatiya Janata Party (BJP) secured 207 seats in the 294-member West Bengal Assembly in April, marking the end of the 15-year rule by Banerjee’s Trinamool Congress. The ED has alleged a complete breakdown of law and order in West Bengal, claiming that Banerjee used state machinery to obstruct its money-laundering investigation against I-PAC.

The Supreme Court has previously stayed police cases filed in West Bengal against ED officials and directed the state police to preserve CCTV footage from the raids. The court has also issued notices to Banerjee, the West Bengal government, former state police chief Rajeev Kumar, and other senior police officials regarding the ED’s petitions for a CBI investigation into the alleged obstruction.

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