ED moves SC to implead MHA, DoPT as agency verifies role of Bengal chief secretary

NEW DELHI: In an unprecedented move, ED Thursday moved SC seeking to implead Union home ministry and DoPT (department of personnel & training) in its ongoing legal battle with Bengal CM Mamata Banerjee over her alleged attempt to foil ED's search operation against I-PAC in Kolkata in a coal 'scam' case.

ED's fresh appeal comes at a time when the agency is checking the veracity of reports that WB chief secretary Nandini Chakravorty was among the officials accompanying the CM when she rushed to political consultancy firm I-PAC chief Pratik Jain's residence when the central agency's search was underway.




The development coincided with SC taking up ED's criminal writ petition for hearing and issuing notice to the CM and top state officials, including Bengal DGP Rajeev Kumar. SC termed the incident of disruption of ED's Jan 8 search proceedings as "serious" and promised to look into the larger issue of state agencies interfering in actions of central agencies.

Bengal govt's response - to ED's fresh, or additional, appeal - will be worth watching if reports are confirmed, and if ED, as indications are, brings it to the notice of SC during the next hearing on the matter. The state has justified DGP Kumar accompanying Mamata to Jain's residence by saying that the CM was a 'Z-category protectee'.

In its additional appeal Thursday, ED sought "impleadment of proposed respondents 7-9" as party respondents in present criminal writ petition, failing which, it said, the agency "shall suffer irreparable loss and injury".

Respondent No. 7 is DoPT through its secretary, respondent No. 8 is home ministry through its secretary, and respondent No. 9 is State of WB through its chief secretary.

CM Mamata has been made respondent No. 2 in ED's criminal petition before SC; DGP Kumar is respondent No. 3; Kolkata police Commissioner Manoj Verma is respondent No 4; Priyabrata Roy, DCP South Kolkata, is respondent No. 5; and CBI is respondent No. 6.

ED argued that respondents 7-9 "are necessary/proper parties in the present matter" to initiate actions against the erring senior police officers, who were allegedly party to the disruption of ED's search proceedings.

"That it is, therefore, most respectfully prayed that this court may be pleased to implead proposed respondents 7 to 9 as party respondents in present writ petition (criminal), failing which the petitioner shall suffer irreparable loss and injury," ED said.

ED sought SC directions to respondents "herein, i.e. to initiate departmental inquiry/proceedings for major penalty against respondents 3-5 along with other police officials and to place the said respondents No. 3-5 with other police officials under suspension".

This is not the first time that Kumar has been entangled in a legal battle with central agencies. In 2019, when he was Kolkata police commissioner, CBI had reached his residence to question him in a chit fund 'scam' case.

The state police team detained CBI officers, leading to agency approaching courts for seeking action against the top cop and other officers. Kumar obtained anticipatory bail, which was later challenged by CBI before the SC.
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