‘Not a happy situation’: Supreme Court raps Mamata Banerjee over ‘barging in’ during ED raids

The Supreme Court of India on Wednesday observed that the alleged interference by West Bengal Chief Minister Mamata Banerjee in the Enforcement Directorate raids at an I-PAC office was “not a happy situation.”

According to reports, a bench comprising Justice Pankaj Mishra and Justice N.V. Anjaria remarked that a central agency like the ED cannot be left without remedy if its functioning is obstructed.

The observation came as the court considered West Bengal’s argument that a central government agency cannot invoke relief under Article 32 of the Constitution.

Senior advocate Shyam Divan, appearing for the state, argued that the ED is not a juristic entity but merely a department of the government without an independent legal personality. He contended that in the absence of an enforceable fundamental right, a petition under Article 32 would not be maintainable.

Divan further warned that allowing central agencies like the ED to invoke Article 32 could set a “dangerous precedent” for India’s federal structure.