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EYE ON INDIA JANUARY 23, 2026 | The Indian Eye 6
Supreme Court Draws a Red Line
as ED–West Bengal Standoff Raises
Alarming Federal Questions
By staying FIRs against Enforcement Directorate officers and issuing notice to West Bengal’s Chief
Minister, the Supreme Court has signalled that the confrontation between central agencies and state
authority can no longer be brushed aside as routine political noise.
OUR BUREAU argued that the ED’s plea was not
maintainable and accused the agen-
New Delhi
cy of forum shopping. He ques-
he Supreme Court’s interven- tioned the timing of the raid—why
tion in the standoff between now, close to elections, when the last
Tthe Enforcement Directorate statement in the case was recorded
and the West Bengal government in early 2024? Sibal maintained that
marks a critical moment in India’s the premises housed sensitive elec-
evolving federal balance. What began tion-related data and that the Chief
as a raid at the premises of political Minister had visited the site in her
consultancy firm I-PAC has now esca- capacity as party chairperson after
lated into a constitutional confronta- being informed that unauthorized
tion—one that raises uncomfortable persons had entered.
questions about the rule of law, the Senior advocate Abhishek Manu
autonomy of investigative agencies, Singhvi, representing the state and
and the limits of political power in its police leadership, challenged
states governed by parties opposed to the ED’s version of events, point-
the Centre. ing to alleged inconsistencies in the
At the heart of the case lies an panchnama and the timeline of po-
extraordinary sequence of events on lice intimation. He also stressed that
January 8, when ED officials con- the Chief Minister enjoys Z-plus se-
ducting searches in connection with curity, making it obligatory for senior
an alleged coal-smuggling and mon- police officials, including the DGP, to
ey-laundering case were confronted accompany her.
by West Bengal Chief Minister Ma- Yet, even as the court refrained
mata Banerjee, senior police offi- West Bengal Chief Minister Mamata Banerjee with Bidhannagar Police Commissioner Mukesh from making findings of fact at this
cials, and a large police contingent. stage, it was unwilling to dismiss the
The ED has alleged that during the Kumar and Director General of Police Rajeev Kumar, in Kolkata on Friday (ANI) matter as routine political sparring.
search, “key evidence,” including By staying coercive action against
documents and electronic devices, could drift towards “lawlessness” statutory duties. Past incidents, in- ED officers and calling for detailed
was removed, and that an ED offi- in states governed by different po- cluding the alleged gherao of a senior affidavits, the Bench signalled that
cer’s mobile phone was taken away. litical outfits. Offenders, the Bench CBI officer’s residence, were cited to the questions raised go beyond parti-
Soon after, the West Bengal police observed, cannot be allowed to hide underline what the ED called a hos- san claims and counterclaims.
registered FIRs against the ED of- behind the shield of state law-en- tile environment for central agencies The political reactions were
ficers themselves—an action that forcement agencies. This was not in the state. swift and predictable. BJP leaders
prompted the central agency to seek merely a procedural observation; it Mehta went further, alleging at- hailed the court’s intervention as a
urgent relief from the apex court. was a clear signal that the court sees tempts to influence judicial proceed- rebuke to Mamata Banerjee, accus-
On Thursday, the Supreme the potential erosion of institutional ings themselves. WhatsApp messages ing her of undermining constitution-
Court stayed those FIRs, directed boundaries as a threat to the federal purportedly circulated by the ruling al norms. The Trinamool Congress,
preservation of CCTV footage from structure itself. Trinamool Congress’ legal wing, call- for its part, continues to allege po-
the searched premises, and issued Appearing for the ED, Solicitor ing supporters to assemble in court, litical vendetta, linking ED action to
notices to the Chief Minister and General Tushar Mehta painted a dis- were placed before the Bench. At election cycles and accusing central
senior state police officials. More turbing picture. He alleged a pattern one point, the court remarked that agencies of overreach.
significantly, the Bench of Justices in West Bengal where the Chief Min- it appeared as if the High Court had The Supreme Court has, for now,
Prashant Kumar Mishra and A.G. ister routinely intervenes when cen- been turned into “Jantar Mantar”—a drawn a red line. Its warning against
Masih framed the issue not as an iso- tral agencies conduct investigations. telling comment that reflected judi- “mobocracy replacing democracy”
lated law-and-order dispute, but as a According to the ED, not only was cial unease over the politicization of and its insistence on preserving ev-
matter with “serious and far-reach- incriminating material relating to court spaces. idence reflect an attempt to restore
ing” constitutional implications. proceeds of crime worth over `2,742 The West Bengal government, equilibrium. The February 3 hearing
The court’s language was un- crore removed, but central officers however, has mounted a robust de- will be closely watched, not just for
usually stark. If such issues are left were intimidated, demoralized and fense. Senior advocate Kapil Sibal, its outcome, but for the principles it
undecided, it warned, the country obstructed from performing their appearing for Mamata Banerjee, may lay down.
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