I-PAC Raid And Mamata Banerjee's CBI-ED Saga: Is Sitting CM's Interference In Probe Justified?

ED Raid On I-PAC: Kolkata Police Commissioner Manoj Verma was the first to reach Pratik Jain’s residence. Shortly after, Chief Minister Mamata Banerjee herself arrived at the spot. During this time, heated arguments reportedly took place between Mamata Banerjee and ED officials. 

West Bengal Chief Minister Mamata Banerjee's interference in the Enforcement Directorate's raid on I-PAC is a rare event in Indian politics, and it has sparked political reactions as well. This is not the first time that Banerjee vehemently protested against a central agency. The Enforcement Directorate (ED) conducted raids at the office of political consultancy firm I-PAC (Indian Political Action Committee) and at the residence of its director, Pratik Jain. While such actions by the ED are not uncommon, the controversy arose because Pratik Jain also heads the IT cell of Mamata Banerjee’s party, the Trinamool Congress (TMC), and is considered a key member of her poll strategy team. Additionally, I-PAC is known to design election strategies for the TMC.

As soon as news of the raid broke, the Mamata government sprang into action. Kolkata Police Commissioner Manoj Verma was the first to reach Pratik Jain’s residence. Shortly after, Chief Minister Mamata Banerjee herself arrived at the spot. During this time, heated arguments reportedly took place between Mamata Banerjee and ED officials. When she finally left the location, she was seen holding a green file in her hand. Mamata accused the ED of seizing TMC’s internal data and hard disks during the raid.

Drama and political confrontation are not new in West Bengal politics. However, what surprised many was Mamata Banerjee’s personal presence at the scene. Questions are being raised about why she went there herself and why she directly confronted ED officials. This clash with the investigative agency comes just months before the state assembly elections. Some are viewing Mamata Banerjee’s arrival during the raid as direct interference in an ongoing investigation, raising concerns about political propriety. Yet, disregarding criticism, she chose to confront the officials head-on. This is not the first time Mamata Banerjee has clashed with central investigative agencies.

In 2019, when the CBI reached the residence of then Kolkata Police Commissioner Rajeev Kumar in connection with the Saradha chit fund scam, Mamata Banerjee sat on a protest.

In 2021, after one of her ministers was arrested in the Narada sting case, Mamata went to the CBI office and openly challenged the agency to arrest her as well.

In 2023, following the arrest of one of her ministers in the ration scam case, she threatened ED officials with filing an FIR.

In 2024, after the arrest of TMC leader Shahjahan Sheikh in the Sandeshkhali case, Mamata accused investigative agencies of plotting a political conspiracy.

This pattern shows that Mamata Banerjee’s confrontations with central investigative agencies have become an almost annual occurrence.

What Laws Say?

However, is it legally or constitutionally permissible for a sitting CM to interfere in central agencies work? 

Nishant Kr Srivastava, Advocate-on-Record (AoR), Supreme Court of India, said that from a purely legal point of view, the act of the CM of West Bengal is not legally appropriate. "ED is a federal probe agency and it carries out investigations under the provisions of the PMLA, specifically section 17 i.e., Search & Seizure under which an officer can enter and search any building, place, vessel, vehicle or aircraft and also break open the lock; seize any record or property found as a result of such search etc. No constitutional or statutory provision grants a Chief Minister authority to remove documents or halt proceedings, as ED officers act as public servants. Obstruction violates Bharatiya Nyaya Sanhita (BNS) Section 221, punishable by up to three months' imprisonment, and PMLA provisions on non-compliance," said Srivastava.

Advocate Srivastava said that central agencies like ED operate independently on Union List Subjects such as "money laundering" and therefore, the state police (of any State where the ED is conducting a raid ) must facilitate, not obstruct, such raids, as held by Courts in many cases.

"Although the act of the CM is very questionable, yet it falls short of being labelled as an instance of breakdown of Constitutional machinery in the State, triggering imposition of President's Rule in the State on this ground alone. Since, the ED is before the Hon'ble Calcutta High Court, seeking FIR against the CM, we should wait for an authoritative pronouncement from the Court on this," said the advocate.

JDU Slams Mamata

JD(U) has criticised Bengal CM Mamata Banerjee, saying that she should focus on doing her job instead of venting her anger. JD(U) National Spokesperson Rajeev Ranjan Prasad said the Chief Minister should focus on governance instead of confronting investigative agencies. “She should focus on doing her job instead of repeatedly venting anger against enforcement agencies. Rather, she should go to the people of West Bengal and apologise for her failures. The kind of lawlessness prevailing in the state has turned the situation against her, and her return to power does not seem likely,” he said.

Uttar Pradesh Minister Narendra Kashyap also backed the ED’s action, asserting that investigative agencies would do their duty if corruption was involved.

“If Mamata Banerjee or her government is involved in corruption, the ED and CBI will do their job. Prime Minister Modi has told the nation, ‘I will neither take bribes nor allow corruption.’ Under his leadership, corruption will not be tolerated in the country, whether it involves Mamata Banerjee or Kejriwal,” Kashyap said.

Congress Divided, SP Backs Mamata

The Indian National Congress (INC) leaders seem to be divided over the issue. Senior Congress leader and senior Supreme Court advocate, Abhishek Manu Singhvi, issued a statement lambasting the ED for its raids on the I-PAC office and the residence of its co-founder.

"ED now raids political consultants because it has failed to raid facts, truth or credibility. The I-PAC raid in Kolkata is yet another chapter in the BJP's playbook of coercion. When democracy is inconvenient, agencies are weaponised," Singhvi said in his statement. Incidentally, Singvi had represented the Mamata government in several high-profile cases both at the Supreme Court and the Calcutta High Court.

However, former state Congress president in West Bengal Adhir Ranjan Chowdhury questioned Mamata Banerjee's anxiety regarding the ED's actions against I-PAC. "Why is the Chief Minister having headaches about I-PAC? Surely there is a mystery behind it," Chowdhury said.

However, Samajwadi Party President Akhilesh Yadav contended that the ED raid shows the BJP is staring at a defeat in the upcoming West Bengal Assembly elections. "The BJP is badly losing Bengal. First proof!" Akhilesh Yadav wrote on X, responding to a post that highlighted the ED action in West Bengal even before the Assembly election process had formally begun. (With agency inputs)