Calcutta High Court Dismisses TMC Petition, Gives Relief To ED Over I-PAC Raid

Kolkata: The Calcutta High Court has dismissed a petition filed by the Trinamool Congress (TMC) alleging that the Enforcement Directorate (ED) had seized the party’s files and sensitive data during raids on I-PAC premises in Kolkata.

What happened during the hearing?

The central agency Enforcement Directorate (ED) and the ruling Trinamool Congress party of West Bengal have filed separate petitions in this case. The hearing could not take place on the previous date, January 9, due to chaos and overcrowding in the court. Justice Shubhra Ghosh had then fixed today's date for the hearing.

During the hearing, the ED claimed that West Bengal Chief Minister Mamata Banerjee made a dramatic entry during the raid at the house of I-PAC director Prateek Jain and obstructed official work. The ED alleged that West Bengal Chief Minister Mamata Banerjee went to the raided locations and took away crucial evidence. On the other hand, Mamata Banerjee claimed that the ED raids were illegal and the investigating agency had crossed all limits. During this time, the Trinamool Congress appealed to the court for the protection of its election-related data seized by the ED.

What request did the ED put before the Calcutta High Court? 

The ED requested that the hearing be postponed, citing a petition filed in the Supreme Court. Additional Solicitor General (ASG) S V Raju, appearing for the ED, informed the court that the agency has filed two petitions in the Supreme Court. Therefore, the High Court should not hear the case. 

"This matter may go to the Supreme Court. Therefore, the hearing of this case should be postponed. The sky will not fall if the hearing does not take place today," he argued.

What questions did the ED put before I-PAC?

ASG Raju also questioned the absence of I-PAC during the hearing in the High Court. He emphasized that the political consultancy firm should have been present in court.

“The entire petition is based on election-related arguments, not on any violation of rights. If someone's data was seized from their home, they should have come to court. I-PAC should have come here,” he said.

What is the case?

On January 8, during raids at the premises of IPAC director Pratik Jain in Kolkata, Trinamool Congress supremo and West Bengal Chief Minister Mamata Banerjee arrived at the Enforcement Directorate's (ED) search locations and alleged that the Directorate's investigators were trying to seize sensitive party data ahead of the assembly elections scheduled in a few months. The central investigative agency also accused Banerjee of removing documents from the scene.

Both the Trinamool Congress and the ED have filed petitions in the High Court regarding the raids. The Trinamool Congress sought judicial intervention to prevent the agency from "prejudicing, misusing, and disseminating" the data seized during the search operation, while the ED, alleging interference in its investigation, prayed for the events of January 8 to be investigated by the CBI.