Setback for Mamata: Supreme Court issues notice for taking away files during I-PAC raid, stays FIRs against ED officials saying there will be lawlessness without intervention

The Mamata Banerjee government of West Bengal faced a massive setback in the Supreme Court today in the I-PAC raid case. The Apex Court expressed grave concerns over the interference by state authorities, including the CM herself, in the Enforcement Directorate (ED) raid, warning that failure to intervene could lead to “lawlessness” across the country.

The bench, comprising Justices Prashant Kumar Mishra and Vipul M Pancholi, issued notices to West Bengal Chief Minister Mamata Banerjee, Director General of Police Rajeev Kumar, and other senior officials in response to the ED’s petition seeking a Central Bureau of Investigation (CBI) probe into the matter. The court also stayed the FIRs filed by the state police against ED officers involved in the raid.

The case stems from an ED search operation conducted on January 8, 2026, at the Kolkata office of political consultancy firm Indian Political Action Committee (I-PAC) and the residence of its co-founder Pratik Jain.

The raids were part of an ongoing money-laundering investigation linked to a 2020 coal smuggling scam involving businessman Anup Majee. During the raids, Mamata Banerjee, along with TMC leaders and state police, obstructed the operation by entering the premises, confronting officials, and removing documents and electronic devices, including a laptop and an iPhone. The CM claimed that she removed party-related data to prevent it from going to BJP.

The agency described the incident as involving acts akin to “theft, robbery, and dacoity,” and highlighted a pattern of obstruction in West Bengal, including a 2020 dharna by Banerjee outside the CBI office.

In its observations, the Supreme Court bench emphasised the need to protect the independence of investigative agencies. ” We are of the prima facie view that the present petition has raised a serious issue relating to the investigation by the ED or other central agencies and interference by State agencies. According to us, for adherence of rule of law in country and to allow each organ to function independently, it is necessary to examine the issue so that offenders are not allowed to be protected under the seal of law enforcing agencies of a particular State,” the court stated.

The court further noted that without addressing such issues, there will be a situation of lawlessness. The bench stated, “According to us, large questions have been raised and are involved in the present matter which if allowed to remain undecided would further worsen the situation and there will be a situation of lawlessness prevailing in one or other state, considering that different outfits are governing different places.”

The court also questioned whether central agencies could be restricted under the guise of protecting party activities during bona fide probes.

Solicitor General Tushar Mehta, representing the ED, urged the court to take cognizance of the “very serious” situation, including the alleged theft of an ED officer’s phone and the demoralization of central forces. Additional Solicitor General SV Raju argued for an immediate CBI probe and suspension of involved police officers.

On the other side, Senior Advocate Kapil Sibal, appearing for Banerjee, contested the petition’s maintainability, asserting that no obstruction occurred as per the search panchnama and that the devices held only TMC election data.

Senior Advocate Abhishek Manu Singhvi, representing the state and DGP, accused the ED of “forum shopping” and alleged inadequate prior intimation to local police.

In its interim orders, the Supreme Court stayed the three First Information Reports (FIRs) filed by the West Bengal Police against ED officials involved in the raid.  

It also directed the preservation of CCTV footage and storage devices from the searched premises and surrounding areas.

The respondents, including Banerjee and the named officers, have been asked to file counter-affidavits within two weeks.  

The matter is slated for further hearing on February 3, 2026, as the court deliberates on the ED’s request for a CBI investigation.

The ED has also sought a direction for the return of evidence that CM Banerjee took away during the raids. The court is expected to deliberate on this request.