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NEW DELHI: Enforcement Directorate Monday filed a writ petition in SC seeking a CBI probe into 17 offences under BNS allegedly committed by Bengal CM Mamata Banerjee, state DGP and Kolkata police commissioner on Jan 8 by obstructing ED raid on I-PAC’s Pratik Jain, tampering and stealing evidence and intimidating its officials. It requested SC to “direct immediate seizure, sealing, forensic preservation, and restoration to lawful custody of the ED all digital devices, electronic records, storage media, and documents illegally and forcibly taken away from the search premises.” ED has accused the CM and top police brass of committing 17 offences under BNS, including robbery, dacoity, theft, assault or criminal force to deter public servant from discharging his duty, causing disappearance and destruction of evidence and criminal intimidation. Terming the incident shocking, unprecedented and extraordinary, ED said, “Protectors of law – the CM, DGP and Kolkata police commissioner are party to serious cognisable offences requiring registration of an FIR.” It said the raid on Jain’s residential premises was conducted as part of investigations into a multi-state money laundering case involving nearly Rs 3,000 crore derived from illegal coal mining. It alleged that Jain had received Rs 20 crore of the illicit money. “To the shock and surprise of ED officers and everyone concerned, the CM along with chief secretary, DGP, Kolkata police commissioner and deputy police commissioner along with cops and officials barged into premises under the search. They not only started intimidating ED officers but also snatched the files and electronic evidence containing incriminating material from the officers.” “Officers of the petitioners were threatened and were not permitted to conduct any further search on the premises. The searches were conducted at two places – one at residence of Pratik Jain and second office premise of one company called Indian Pac Consulting Pvt Ltd,” it said. It will be futile to approach local police to register an FIR for these illegal actions by the state’s constitutional and police authorities as it involves the CM who also holds the home portfolio under whom the police function, ED said. It said Calcutta HC could not conduct hearing in its writ petition seeking registration of FIR and CBI probe into the illegal acts of the CM and others as her supporters created a ruckus and forced the judge to adjourn hearing. It sought a direction from SC to West Bengal Police not to lodge any FIR against ED officials without court’s prior permission. “The fact that the supporters of CM are involved in creating ruckus is evidenced from the WhatsApp message in the WhatsApp group by party members to come and gather in huge numbers in the court. As a result of the tactics by the CM and her followers, remedy under Article 226 of the Constitution (in HC) has become illusory in the facts of the present case,” ED said. ED said that the state police has maliciously registered several FIRs against its officers for conducting the raid and sought protection from the court to carry out unhindered its investigations into the PMLA case relating to illegal coal mining and I-PAC.
