The West Bengal government has raised questions on the Enforcement Directorate’s petition filed in the raid case at the office of political consultancy firm I-PAC and the residence of its co-founder Prateek Jain. The petition claims that at the time of the raid, West Bengal Chief Minister Mamata Banerjee reached there along with top police officials and obstructed the raid and destroyed evidence. The petition demands a CBI investigation by registering an FIR against Mamata Banerjee and senior police officers for obstructing the raid and destroying evidence.
On Wednesday (March 18, 2026), West Bengal government’s lawyer Shyam Diwan said in the Supreme Court that ED cannot file a petition under Article 32, this article is for the protection of fundamental rights and ED is not a person, hence it cannot have fundamental rights.
According to Bar and Bench report, Shyam Diwan said whether ED can file a petition under Article 32, it is a constitutional question. He said that under Article 145, such cases should be heard in a bench of at least 5 judges. He said that ED is an organizational organ of the central government, nothing more than that. He said that any person has the right to file a petition under Article 32 and the ED is neither a judicial nor a natural person, so it does not have this right.
Advocate Shyam Diwan also told about the raid and seizure powers of ED. He said that ED was first formed by an Executive Act and it was the enforcement unit for the affairs of the economic department of the government. He said that later the administrative control of ED passed from the affairs of the Economic Department to the Revenue Department. He said that for a short period between 1973-77, the name of ED was changed and it came under the Department of Personnel and Administrative Reforms.
Shyam Diwan said that ED is a department of the Central Government, hence it does not have the right to file a case. A similar department can also exist in the state, which is a department of the state government. He said that the petition that is being filed in this way was filed on behalf of the Central Government. He sought relief under Part III of the Constitution, saying that it guarantees the fundamental rights of the individual and the Constitution itself says that such cases should be heard by a bench of five judges, hence the case should be forwarded.
On the arguments of the Bengal government, Solicitor General Tushar Mehta, on behalf of the ED, said that the West Bengal government itself has filed a writ petition under Article 32 and the Kerala government has also done the same. They had filed the petition as the state. SG Tushar Mehta said in the court, ‘This is my petition and I will give you a satisfactory answer as to why we have filed the petition under Article 32.’ The SG said that it is surprising that the Chief Minister first obstructed the ED investigation and now the state government is delaying the hearing on the case.
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