ARTICLE AD BOX
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NEW DELHI: The Supreme Court connected Wednesday reprimanded West Bengal authorities for objecting to the validity of Enforcement Directorate's plea implicit alleged obstruction by main curate Mamata Banerjee during a raid connected I-PAC.The apical tribunal observed that nary entity tin beryllium near without a remedy nether the Constitution.A seat of justices Prashant Kumar Mishra and NV Anjaria asked however the cardinal probing bureau would question ineligible recourse if it is not allowed to attack courts.“If the ED, according to you, cannot record a writ petition nether Article 32, past surely it cannot attack the precocious tribunal nether Article 226 either. Where volition they go? There cannot beryllium a vacuum,” the apical tribunal said.
The seat besides pulled up Mamata implicit the allegation of obstructing the officials during the raid and said that it raises larger law concerns.Appearing for the state, elder advocator Shyam Divan argued that the ED is not a juristic entity and truthful cannot record writ petitions.He said lone the Union of India has the authorization to initiate specified proceedings and warned that allowing departments to independently invoke writ jurisdiction could disrupt the national structure.
Senior advocator Kapil Sibal, appearing for Mamata, besides contended that the ED cannot question directions for a CBI probe into the alleged obstruction.This comes arsenic the cardinal agency, successful its plea, sought registration of an FIR against Banerjee and constabulary officials. It has besides challenged an FIR filed by the West Bengal Police against its officers.Earlier, connected January 15, the apical tribunal had termed the alleged obstruction “very serious” and stayed FIRs against ED officials who conducted the raid. It besides directed the West Bengal Police to sphere CCTV footage of the operation.The tribunal had besides issued notices to Banerjee, the West Bengal government, erstwhile DGP Rajeev Kumar, and different elder constabulary officials connected the ED’s plea seeking a CBI probe into the alleged obstruction.
