Interference by state agencies in central investigations undermines the rule of law, necessitating judicial intervention and proper registration of FIRs for cognizable offences.

ORDER

1. In Writ Petition (Crl.) No. 16/2026, the petitioners are the Directorate of Enforcement and its Deputy Directors, whereas in Writ Petition (Crl.) No. 17/2026, the petitioners are the officers of Enforcement Directorate, who had gone to the subject premises during the course of investigation, conducted by the Directorate of Enforcement.

2. Shri Tushar Mehta, learned Solicitor General, appearing for the petitioners, would draw our attention to a series of events which has led to filing of the present Writ Petitions. According to him, the Directorate of Enforcement was investigating a scam amounting to Rs.2742.32 crores, since the year 2020 and during the course of investigation of the said scam, intelligence was received that about Rs.20 crores of the proceeds of crime from Kolkata to Goa was transferred through R Kanti Lal firm and has eventually channeled into IPAC’s operational framework by being handed over to persons executing its work.

3. Armed with authorization to carry out search and seizure proceedings at the residential premises of Mr. Pratik Jain of IPAC, the officers visited his premises, amongst other premises, on 08.01.2026; and when the search was going on, Shri Priyobrato, IPS, Deputy Commissioner of Police and Shri Manoj Kumar Verma, IPS, Commissioner of police, Kolkata entered the premises and thereafter, the second respondent in Writ Petition (Crl.) No. 17/2026, the sitting Hon’ble Chief Minister of the State of West Bengal, Smt. Mamata Banerjee also entered the premises despite making categorical request for not interfering with the ongoing search proceedings under the Prevention of Money Laundering Act, 2002.

4. He would submit that this is not a singular incident where Hon’ble Chief Minister has entered the premises under investigation, as on an earlier occasion when the Central Bureau of Investigation was investigating an offence, a similar event has happened. Therefore, there is a pattern of interference with the investigation carried out by the Central Agencies.

5. According to him, the materials collected by the investigation team of Directorate of Enforcement were taken away by the respondents in an illegal manner and thereafter, the West Bengal Police has registered several FIRs against the officers of the Enforcement Directorate.

6. Learned Solicitor General would next submit that in a situation like this, it is difficult for the Central Agencies to carry on the investigations which has connection with a huge scam to the tune of Rs.2742.32 crores. Learned Solicitor General would submit that, true it is, the petitioner Directorate of Enforcement has preferred a Writ Petition before the Kolkata High Court, but when the matter was to be taken up for hearing on 09.01.2026, the legal cell of the Trinmool Congress sent a message to its members on whatsapp, calling them to assemble in the Court; and thereafter, what has happened in the Court has been recorded by the learned Judge of the Calcutta High Court in its proceedings dated 12.01.2026, which is reproduced hereunder:

“The matter is taken up for consideration. At this juncture a huge number of learned advocates as well as other persons enter the Court room and create enormous disturbance and commotion. Several requests made by the Court to maintain the decorum and dignity of the Court so that the matter can be taken up for consideration fell on deaf ears. The environment in the Court room is not