In a significant legal development, the Enforcement Directorate (ED) has taken a fresh step in its ongoing confrontation with West Bengal Chief Minister Mamata Banerjee. On Thursday, the central probe agency moved the Supreme Court with an unprecedented request. It sought to implead the Union Home Ministry and the Department of Personnel and Training (DoPT) as parties in its criminal writ petition.
Core of the Dispute
This legal battle stems from an incident on January 8. The ED alleges that Mamata Banerjee attempted to foil a search operation at the residence of Pratik Jain, the chief of political consultancy firm I-PAC, in Kolkata. The search was part of an investigation into a coal scam case. The Supreme Court has already taken up the ED's petition, terming the disruption of the search proceedings as "serious."
New Respondents Sought
In its additional appeal, the ED specifically requested the impleadment of three proposed respondents. Respondent No. 7 is the DoPT through its secretary. Respondent No. 8 is the Home Ministry through its secretary. Respondent No. 9 is the State of West Bengal through its chief secretary.
The agency argued that these entities are necessary and proper parties to the case. It stated that their inclusion is crucial to initiate actions against senior police officers allegedly involved in disrupting the search. The ED warned that failing to implead them would cause "irreparable loss and injury" to the agency.
Key Figures in the Case
The petition names several high-profile individuals as respondents. Chief Minister Mamata Banerjee is respondent No. 2. West Bengal DGP Rajeev Kumar is respondent No. 3. Kolkata Police Commissioner Manoj Verma is respondent No. 4. Priyabrata Roy, DCP South Kolkata, is respondent No. 5. The CBI is listed as respondent No. 6.
The ED has asked the Supreme Court to direct these respondents to initiate departmental inquiries for major penalties against respondents 3 to 5 and other police officials. It also seeks their suspension pending the proceedings.
State's Justification and Ongoing Scrutiny
The West Bengal government has defended DGP Kumar's presence with the Chief Minister at Jain's residence. It cited that Mamata Banerjee is a 'Z-category protectee,' implying security protocols necessitated his accompaniment.
Simultaneously, the ED is reportedly verifying information that state Chief Secretary Nandini Chakravorty was among the officials who accompanied the CM during the incident. If confirmed, this could significantly influence the state's response to the ED's fresh appeal.
Historical Context for DGP Kumar
This is not the first legal entanglement for DGP Rajeev Kumar with central agencies. In 2019, when he served as Kolkata Police Commissioner, the CBI attempted to question him at his residence regarding a chit fund scam case. A state police team detained the CBI officers, leading the agency to seek court action against Kumar and others. He obtained anticipatory bail, a decision later challenged by the CBI in the Supreme Court.
The Supreme Court has issued notices to the Chief Minister and top state officials, including DGP Kumar, in response to the ED's petition. The court has promised to examine the broader issue of state agencies interfering with the actions of central investigative bodies. The next hearing will be closely watched, especially if the ED presents its findings on the officials' involvement to the court.
