Supreme Court Concerned Over Disruption in Calcutta High Court ED Case

Post by : Mina Rahman

On Wednesday, the Supreme Court expressed significant concern over the turmoil experienced during a recent hearing at the Calcutta High Court relating to the ongoing conflict between the Enforcement Directorate (ED) and the Trinamool Congress, led by Mamata Banerjee. The court deemed the situation alarming and announced plans to issue a notice for further investigation into the matter.

A bench consisting of Justices Prashant Mishra and Vipul Pancholi noted that incidents of disorder in a constitutional court pose serious implications for the rule of law. The judges emphasized that ongoing disruptions are intolerable and need to be addressed decisively in order to uphold the judicial system's integrity.

This issue stems from accusations by the ED against senior Trinamool Congress figures and West Bengal government officials for interfering in its investigations. The agency claims it encountered obstruction while conducting searches at I-PAC, a consultancy closely aligned with the Trinamool Congress during election periods.

Solicitor General Tushar Mehta, representing the ED, alleged that Mamata Banerjee directly intervened in their operations, visiting I-PAC co-founder Pratik Jain’s residence to extract materials deemed vital for the investigation. He criticized the act as "theft" and warned of possible repercussions for law enforcement's effectiveness if such behavior went unchecked.

Mehta called for stringent actions, including the suspension of West Bengal’s Director General of Police, Rajeev Kumar, and other senior officials, arguing that tolerating such occurrences would undermine the enforcement agencies’ authority across India.

He also recounted disruptions during proceedings on January 9, when numerous lawyers, many of whom were uninvolved in the case, surged into the courtroom, forcing the judge to adjourn. He described these events as a case of "mob justice," cautioning that the integrity of democracy is jeopardized when political influences dominate courtrooms.

The Solicitor General informed the Supreme Court that lawyers were mobilized through messaging prompts, contributing to the chaos. He referenced a high court judge's order which indicated that the courtroom environment had become untenable due to the crowd's disturbance.

In response to these claims, the Supreme Court bench questioned whether the court had effectively transformed into a protest venue. The judges emphasized that such situations are unacceptable and erode public faith in the judicial process.

In light of the disturbances, the Calcutta High Court initiated measures to restrict access to further hearings, permitting only lawyers directly associated with the case to enter. Subsequently, the high court dismissed a petition from the Trinamool Congress following the ED’s assertion that no documents had been seized during the searches. Nonetheless, the Trinamool Congress maintained that confidential materials were taken, a claim the ED disputes.

Tushar Mehta reminded the Supreme Court that these disruptions are not isolated incidents, urging for a decisive ruling. He expressed that persistent interference with investigations conveys a perilous message, jeopardizing the autonomy of central agencies.

Senior Advocate Kapil Sibal, representing Mamata Banerjee, scrutinized the timing of the ED's actions, indicating that the last significant development in the coal scam investigation was in February 2024 and questioning why searches were conducted in 2026, right before the West Bengal Assembly elections.

Sibal clarified that I-PAC manages electoral strategies for the Trinamool Congress under a formal contract, safeguarding sensitive data on candidates and campaign approaches. He asserted that unauthorized access to this data could hinder the party's electoral performance, claiming Mamata Banerjee's intervention was to protect such confidential information.

The Supreme Court clarified that such arguments wouldn’t deter it from issuing notice. The bench noted that if the ED intended to seize electoral data, it would have already done so, and since it affirmed no documents were confiscated, the matter remained open to scrutiny.

Senior Advocate Abhishek Singhvi, representing the West Bengal government, acknowledged issues surrounding the January 9 incident but argued this should not justify the ED raising similar concerns simultaneously before both the Calcutta High Court and the Supreme Court. He remarked that emotions can ignite in politically charged matters.

In response, the bench asserted that uncontrolled emotions cannot serve as a justification for disorder in court. The judges reinstated that maintaining discipline and order in courtrooms is paramount.

With the Supreme Court poised to issue notice, the case is expected to receive increased scrutiny, with significant implications for the ongoing conflict between the ED and Trinamool Congress and for ensuring order within the nation's court proceedings.

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