The Supreme Court on Wednesday (March 18, 2026) told the West Bengal government’s counsel that it would not be dictated to on what constitutes the record.
The court was hearing a petition filed by the Enforcement Directorate (ED), which has alleged that West Bengal Chief Minister Mamata Banerjee obstructed and destroyed evidence during a raid on the office of political consultancy firm IPAC. The ED has filed an FIR against Mamata Banerjee and senior Bengal police officers and has sought a CBI investigation.
State Seeks More Time, Court Questions Delay
A bench of Justices PK Mishra and NV Anjaria was told by the Bengal government that more time was needed to file a response to the ED’s petition.
Senior advocate Shyam Divan, appearing for the state, argued that the ED had introduced new allegations in its affidavit, necessitating additional time to respond.
The court noted that the ED’s affidavit had been filed more than 10 days earlier. Solicitor General Tushar Mehta also objected, stating that the affidavit had been filed two weeks ago, on February 19.
“At least they should have offered a reasonable excuse for postponing the hearing,” he said.
ED Questions State’s Conduct
Tushar Mehta said it was surprising that the Chief Minister was first accused of interfering with the ED’s investigation and that the state government was now seeking to delay proceedings.
Shyam Divan argued that the matter should proceed only after all submissions were complete.
Court Asserts Its Authority
The bench asked whether the state wished to file a reply and observed that if it found merit in the case, it would hear the matter comprehensively rather than waiting for submissions on merits.
Advocate Shyam Dewan said a counterclaim would follow his counter, if necessary. The court responded sharply, “Mr. Dewan, you cannot dictate to us what is on record.”
He further said he felt powerless as he was unable to file a reply. The court remarked that there was no ongoing litigation that warranted postponing the hearing.
