The Supreme Court has expressed concerns about a potential constitutional vacuum if investigating agencies are blocked by chief ministers, highlighting the need for a legal remedy in such situations.
A bench of justices Prashant Kumar Mishra and NV Anjaria made the observation while hearing a petition filed by the Enforcement Directorate (ED) against the West Bengal government over the alleged disruption of a money laundering probe at the office of Indian Political Action Committee (I-PAC).
The ED has alleged that West Bengal chief minister Mamata Banerjee interfered with a lawful search under the Prevention of Money Laundering Act (PMLA) at the I-PAC office in January, entering the premises along with police personnel and removing documents and digital devices during the search.
The agency claimed the intervention disrupted the probe and created an atmosphere of coercion, preventing it from completing the search and securing evidence.
The Supreme Court has stayed proceedings arising out of FIRs registered by the Kolkata Police against ED officials and directed the state to preserve CCTV footage and other electronic material relating to the incident.
The hearing remained inconclusive and will continue next week, with the court expected to examine both the maintainability of the ED's petition and the broader constitutional implications of the alleged interference with a central agency's investigation.
