The Supreme Court on Wednesday made strong observations over the alleged interference by West Bengal Chief Minister Mamata Banerjee during an Enforcement Directorate (ED) investigation in Kolkata. The Court warned that democracy would be in peril if a sitting Chief Minister intervenes in an ongoing investigation. A bench comprising Justices Prashant Kumar Mishra and N V Anjaria said the issue cannot be treated merely as a dispute between the Centre and a state, but as an act by an individual holding constitutional office.
The court was hearing a plea by the Enforcement Directorate alleging interference by West Bengal Chief Minister Mamata Banerjee and state authorities during an investigation of an office of political consultancy firm Indian Political Action Committee (IPAC) in connection with money-laundering probe."This is not a dispute between the state and the union. A Chief Minister of any state cannot walk into the midst of an investigation, put the democracy in peril, and then say don't convert this into a dispute between the state and the Union," the Supreme Court said. "This is per se an act committed by an individual who happens to be the Chief Minister keeping the whole democracy in jeopardy," the top court underlined.
The bench observed that several judgments, including the historic Kesavananda Bharati verdict of 1973 that laid down the basic structure doctrine of the Constitution, were cited before it during the hearing. Rejecting arguments that the matter should be referred to a larger bench, the court said it would decide the maintainability of the petition under Article 32. Describing the situation as extraordinary, the court also underlined the need to consider ground realities while dealing with such cases. The state had claimed that the raids were politically motivated and aimed at undermining the Trinamool Congress ahead of the polls.
Newsinc24 Team





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