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Supreme Court Questions ED’s Article 32 Plea, Centers Officers’ Rights in Bengal I-PAC Raid Case

The case could set a precedent on whether investigators or their officers can use the Supreme Court’s fundamental-rights route against a state government.

Overview

  • The bench, during Tuesday’s hearing, pressed West Bengal on why the Enforcement Directorate should seek help from state police when the allegations target the chief minister and senior officials.
  • The judges asked whether ED officers lose their status as citizens when on duty and noted that some officers have filed their own petitions under Article 32, which lets citizens seek Supreme Court relief for violations of fundamental rights.
  • West Bengal’s counsel argued the ED has only statutory powers to investigate and should use ordinary criminal remedies, warning that allowing a writ would invite a rush of similar petitions and stressing that a CBI probe usually needs state consent unless a court orders it.
  • The court declined to postpone proceedings because of upcoming state elections and set the next round of arguments for April 14, with earlier orders staying FIRs against ED officials and preserving CCTV and electronic material still in force.
  • The dispute stems from January 8 searches linked to an alleged coal‑smuggling case, with the ED alleging Mamata Banerjee entered I-PAC premises and removed files and devices, and the court remarking the claims appear grounded in some facts as it considers a request for a CBI investigation.