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Supreme Court issues notices to Mamata Banerjee and halts FIRs against ED officers after Chief Minister seized files during Kolkata I-PAC raid, as judges warn unchecked state interference risks anarchy

The West Bengal government, led by Chief Minister Mamata Banerjee, faced a significant legal hurdle today as the Supreme Court of India intervened in the escalating conflict involving the state and the Enforcement Directorate (ED). In a stern observation, the Apex Court expressed grave concerns over the interference by state authorities, including the CM herself, in the Enforcement Directorate (ED) raid, warning that failure to intervene could lead to “lawlessness” across the country.
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Notices Issued and Police Actions Halted
The Supreme Court bench, comprising Justices Prashant Kumar Mishra and Vipul M Pancholi, took decisive steps to address the matter. The judges issued notices to West Bengal Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar, and other senior officials. This action was taken in response to the ED’s petition seeking a Central Bureau of Investigation (CBI) probe into the matter.
In a move that provided immediate relief to the central agency's personnel, the court also stayed the FIRs filed by the state police against ED officers involved in the raid. These FIRs had been registered by local authorities following the confrontation, complicating the legal landscape for the investigators.
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Context: The January 8 Raid
The legal battle is rooted in a high-stakes search operation conducted by the ED on January 8, 2026. The agency’s targets included the Kolkata office of the political consultancy firm Indian Political Action Committee (I-PAC) and the residence of its co-founder, Pratik Jain.
These raids were part of an ongoing money-laundering investigation linked to a 2020 coal smuggling scam involving businessman Anup Majee. This investigation has been a point of contention for years, involving allegations of illicit financial flows and corruption. However, the routine search quickly turned into a dramatic standoff. According to the ED, Mamata Banerjee, along with TMC leaders and state police, obstructed the operation by entering the premises, confronting officials, and removing documents and electronic devices, including a laptop and an iPhone.
The Chief Minister did not deny taking the items. Instead, the CM claimed that she removed party-related data to prevent it from going to BJP. Her stance was that the devices contained sensitive election strategies and internal party information that needed protection from political opponents.
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Allegations of Criminal Obstruction
The Enforcement Directorate presented a severe accusation against the state machinery. The agency described the incident as involving acts akin to “theft, robbery, and dacoity,” and highlighted a pattern of obstruction in West Bengal, including a 2020 dharna by Banerjee outside the CBI office. This historical reference pointed to previous instances where the state government and central agencies had locked horns, suggesting a habitual disregard for central investigations.
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The Court’s Observations on Rule of Law
The Supreme Court bench appeared deeply troubled by the narrative of a Chief Minister physically intervening in a federal investigation. In its observations, the Supreme Court bench emphasised the need to protect the independence of investigative agencies.
The judges remarked, ” We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and interference by State agencies. According to us, for adherence of rule of law in country and to allow each organ to function independently, it is necessary to examine the issue so that offenders are not allowed to be protected under the seal of law enforcing agencies of a particular State,” the court stated.
The bench further noted that leaving such conflicts unresolved would set a dangerous precedent. The bench stated, “According to us, large questions have been raised and are involved in the present matter which if allowed to remain undecided would further worsen the situation and there will be a situation of lawlessness prevailing in one or other state, considering that different outfits are governing different places.”
The court also questioned whether central agencies could be restricted under the guise of protecting party activities during bona fide probes, casting doubt on the validity of the Chief Minister's reason for seizing the devices.
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Legal Arguments and Counter-Arguments
The hearing saw heated arguments from both sides. Solicitor General Tushar Mehta, representing the ED, urged the court to take cognizance of the “very serious” situation, including the alleged theft of an ED officer’s phone and the demoralization of central forces. Additional Solicitor General SV Raju supported this view, arguing for an immediate CBI probe and suspension of involved police officers to ensure a fair inquiry.
Defending the state, Senior Advocate Kapil Sibal, appearing for Banerjee, contested the petition’s maintainability, asserting that no obstruction occurred as per the search panchnama and that the devices held only TMC election data. Sibal argued that the official record of the search did not reflect the chaos described by the ED.
Senior Advocate Abhishek Manu Singhvi, representing the state and DGP, accused the ED of “forum shopping” and alleged inadequate prior intimation to local police. He suggested that the ED was bypassing standard procedures to seek favorable outcomes from the court.
Interim Directions
Despite the defense's arguments, the Supreme Court found sufficient cause to intervene. In its interim orders, the Supreme Court stayed the three First Information Reports (FIRs) filed by the West Bengal Police against ED officials involved in the raid.
To ensure evidence is preserved for future deliberation, it also directed the preservation of CCTV footage and storage devices from the searched premises and surrounding areas. The respondents, including Banerjee and the named officers, have been asked to file counter-affidavits within two weeks.
The matter is slated for further hearing on February 3, 2026, as the court deliberates on the ED’s request for a CBI investigation. Additionally, the ED has also sought a direction for the return of evidence that CM Banerjee took away during the raids. The court is expected to deliberate on this request in the upcoming session.
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