Mamata Banerjee tells Supreme Court Bengal government can transfer I-PAC raid case to CBI

ED seeks a verdict on its plea for an independent probe into alleged obstruction of its January 8 searches; Bench reserves order.

PTI, Oct 29, 2026, New Delhi: : Former West Bengal Chief Minister Mamata Banerjee on Thursday told the Supreme Court that the Suvendu Adhikari government was free to transfer to the CBI the probe into the alleged obstruction of raids by the Enforcement Directorate at the office of political consultancy firm I-PAC in Kolkata.

The ED urged the top court to pass an order on its plea for a free and fair investigation of the case to avoid any party making allegations of mala fide.

A Bench of Justices Prashant Kumar Mishra and N V Anjaria reserved its verdict on the ED's plea alleging obstruction by the then Chief Minister Banerjee and other state authorities during its January 8 search of the I-PAC office.

Senior advocate Kapil Sibal, appearing for Banerjee, submitted that the situation had changed in the state and the government was free to send the case for investigation by the CBI.

"There was a raid as far as I-PAC is concerned. Something happened, police officers were involved, there was a complaint against ED officers. An Article 32 petition was filed and the prayer was to send it to the CBI. She was a sitting chief minister then. Now, she is not the chief minister. So there is no impediment. Now, the state has another government and the chief minister. Now, they are entitled to send any matter to the CBI. If they wish to do it, no one can stand in their way," he submitted.

Sibal said the court should not be burdened by this petition and arguments, as the state very much has the power under the Delhi Special Police Establishment Act of 1946 to send any case to the CBI.

The Bench said senior advocate Maneka Guruswamy, also appearing in the matter, had earlier made a similar argument, but Solicitor General Tushar Mehta had said that "mala fide" would be alleged.

Sibal asked why the state government was fearing such consequences and said that if there was any criticism, it had to deal with it.

Additional Solicitor General SV Raju, appearing for the ED, said that the case was not only against political leaders but also against some police officials who were in service, and there might be allegations of "mala fide", with the officials claiming that the Supreme Court had not intervened.

Sibal said, "The reason for which they came under Article 32, that basis is now gone. That's all I have to say. Why should your lordships go into it at all?"

The Bench told Raju, "Why can't your government now refer it to the CBI? At that time, whatever situation was prevailing in the high court you came here. But now there is no ruckus, it is quiet everywhere. You can also go to the high court."

Raju submitted that the matter would then be argued afresh before the high court and that "it was not just the ex-CM against whom there are allegations. Senior police officials, who are in service are also involved and they can still be able to influence".

The Bench said it was reserving its decision on the plea.

On August 18, the ED urged the court to decide whether the CBI could investigate if an offence was committed by a sitting Chief Minister.

Guruswamy, appearing for Banerjee, had submitted that, now that the government had changed, the state government could seek sanction and transfer the case to the local police, and nothing remained in the matter.

Solicitor General Mehta, appearing for the ED, had then requested the court to decide the larger issue, saying that the agency did not want to face allegations that the state government had acted for political reasons.

"Either we are right or wrong; I want the court to decide. I don't wish to fall into the death trap that, subsequent to the changes in the government, the state transferred it to the CBI," Mehta had said.

In the West Bengal elections in April, the BJP secured a historic win with 207 seats in the 294-member House, ending the 15-year rule of Banerjee-led TMC.

Alleging a complete breakdown of law and order in West Bengal, the ED on April 23 claimed in the apex court that Banerjee had used the state machinery to obstruct its money laundering probe against I-PAC.

The ED alleged that Banerjee, accompanied by a large police contingent, personally intervened to halt the search and seize evidence collected by the federal agency's officers.

While hearing arguments in the matter on April 22, the top court observed that democracy was put in peril if a Chief Minister intervened in a probe.

The ED is seeking a direction to transfer the investigation into the alleged obstruction and the "retaliatory" FIRs to the CBI, saying that an independent agency is required to investigate the conduct of Banerjee and the state's top police brass.

The ED has alleged interference and obstruction by the then state government, including by Banerjee, in its probe and search operation at the I-PAC office and the premises of its director, Pratik Jain, in connection with an alleged coal-pilferage scam.

The top court, while staying the FIRs filed in West Bengal against the ED officials, had also directed the state police to preserve the CCTV footage of the raids.

It had issued notices to Banerjee, the West Bengal government, former state Director General of Police Rajeev Kumar and senior police officers on the ED's petitions seeking a CBI probe against them for allegedly obstructing its raids.