Banerjee's counsel told the Supreme Court that the new West Bengal government could refer the I-PAC raid obstruction case to the CBI. The argument tests whether changed political circumstances have removed the need for judicial intervention.Stock photo used for illustrationNewdelhi,Oct 29, 2026 16:16 ISTFormer West Bengal chief minister Mamata Banerjee told the Supreme Court on Thursday that the Suvendu Adhikari government was free to transfer to the CBI the investigation into the alleged obstruction of Enforcement Directorate raids at political consultancy firm I-PAC's office in Kolkata, Press Trust of India reported.A bench of Justices Prashant Kumar Mishra and N V Anjaria reserved its verdict on the ED's plea alleging that Banerjee, who was chief minister at the time, and other state authorities obstructed the agency's January 8 search.
The ED urged the court to order a free and fair investigation to prevent any party from alleging bad faith.Senior advocate Kapil Sibal, appearing for Banerjee, said the situation in West Bengal had changed and the new government could refer the case to the CBI."There was a raid as far as I-PAC is concerned. Something happened, police officers were involved, there was a complaint against ED officers.
An Article 32 petition was filed and the prayer was to send it to the CBI. She was a sitting chief minister then.
Now, she is not the chief minister. So there is no impediment.
Now, the state has another government and the chief minister. Now, they are entitled to send any matter to the CBI.
If they wish to do it, no one can stand in their way," Sibal submitted, according to PTI. Sibal said the court should not be burdened with the petition and arguments because the state had the power under the Delhi Special Police Establishment Act, 1946, to refer any case to the CBI.The bench noted that senior advocate Maneka Guruswamy, also appearing in the matter, had earlier made a similar argument.
However, Solicitor General Tushar Mehta had said allegations of "mala fide" could be made. Sibal asked why the state government feared such consequences and said it would have to deal with any criticism.
Additional Solicitor General S V Raju, appearing for the ED, said the case involved not only political leaders but also serving police officials. He said allegations of "mala fide" could be made and it could be argued that the Supreme Court had not intervened."The reason for which they came under Article 32, that basis is now gone.
That's all I have to say. Why should your lordships go into it at all?" Sibal said.The bench asked Raju, "Why can't your government now refer it to the CBI?
At that time, whatever situation was prevailing in the high court you came here. But now there is no ruckus, it is quiet everywhere.
You can also go to the high court."Raju said the case would then have to be argued afresh before the high court. "It was not just the ex-CM against whom there are allegations. Senior police officials, who are in service, are also involved and they can still be able to influence," he submitted.
The bench then reserved its decision.On August 18, the ED had urged the Supreme Court to decide whether the CBI could investigate an offence allegedly committed by a sitting chief minister. Guruswamy had said that since the government had changed, the state could address the request for sanction and transfer to the local police, leaving nothing for the court to decide.Mehta had asked the court to decide the larger issue, saying the agency did not want to face allegations that the state government had transferred the case to the CBI for political reasons. "Either we are right or wrong; I want the court to decide.
I don't wish to fall into the death trap that, subsequent to the changes in the government, the state transferred it to the CBI," he had said.The BJP won 207 seats in the 294-member West Bengal Assembly in April, ending 15 years of rule by the Banerjee-led Trinamool Congress.In its submissions before the Supreme Court on April 23, the ED alleged a complete breakdown of law and order in West Bengal and claimed that Banerjee had used the state machinery to obstruct its money-laundering investigation against I-PAC. It alleged that Banerjee, accompanied by a large police contingent, personally intervened to stop the search and seize evidence collected by the agency's officers.During arguments on April 22, the Supreme Court observed that democracy was put in peril if a chief minister intervened in an investigation.The ED has sought the transfer to the CBI of the investigation into the alleged obstruction and the "retaliatory" police cases, arguing that an independent agency should examine the conduct of Banerjee and senior state police officers.
The case concerns alleged interference in the ED's search of the I-PAC office and the premises of its director, Pratik Jain, in connection with an alleged coal-pilferage scam.The Supreme Court had stayed the police cases filed in West Bengal against ED officials and directed the state police to preserve CCTV footage of the raids. It had also issued notices to Banerjee, the West Bengal government, former state director general of police Rajeev Kumar and senior police officers on the ED's petitions seeking a CBI investigation into the alleged obstruction.The court has now reserved its verdict after Banerjee's counsel argued that the change of government removed any obstacle to a CBI referral, while the ED maintained that a court order was needed to ensure an independent investigation and avoid allegations of political bias.- Ends