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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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