"Consulting constitutional experts...she has violated right to continue as CM": Bengal Governor on Mamata Banerjee's action over ED searches on I-PAC

Kolkata (West Bengal) [India], January 8 (ANI): With allegations and counter-allegations between the BJP and Trinamool Congress over Chief Minister Mamata Banerjee "entering" I-PAC chief Pratik Jain's residence in Kolkata amid ED raids on the premises in connection with a coal smuggling case, state Governor CV Ananda Bose has said that a "constitutional functionary is expected to facilitating implementation of the Constitution".
The Governor told ANI that preventing a public servant from the due discharge of his public functions is an offence under the BNS and intimidating or threatening a public servant from doing his duty is a graver offence.
He said Chief Minister is a Constitutional authority and by her action, as has been stated, she has violated the Constitutional rights to continue as Chief Minister.
The Governor said he is consulting the Constitutional experts on what to do but as matter is sub-judice, he will not make a judgment.
The Enforcement Directorate on Thursday moved the Calcutta High Court, alleging illegal interference during its search operations. ED has also filed a case citing obstruction and hindrance to the investigation during the raids.
Answering queries on ED raids at the IPAC office in Kolkata and ED moving the High Court, Governor Ananda Bose said the matter is subjudice and it is not proper for him to comment.
"This issue is now before the Calcutta High Court, that means it is sub judice. It is not appropriate for a Governor to comment on a subject which is sub-judice," the Governor told ANI.
Asked about the developments including ED raids at the IPAC office in Kolkata and action by Mamata Banerjee, the state Governor said there are legal issues, constitutional issues involved in that.
"On that basis, we have received in the peace room a number of complaints. Today, a good number of advocates of the Calcutta High Court came here for a protest, they have also expressed their views. Legal views were also brought to my notice. First, preventing a public servant from the due discharge of his public functions is an offence under the BNS, punishable with imprisonment and fine or both," he said.
"Second, intimidating or threatening a public servant from doing his duty is a graver offence, also punishable with two years imprisonment and fine or both. Third issue is Constitutional and serious. A Constitutional functionary is expected to facilitating implementation of the Constitution...The CM is a Constitutional authority. By doing this act, as they claim, she has violated the Constitutional rights to continue as the CM...I am keeping my ears and eyes open. I am consulting the Constitutional experts on what to do. But since the matter is sub-judice, I don't want to make any judgment on that," he added.
The Enforcement Directorate (ED) on Thursday accused Mamata Banerjee of entering the residential premises of Prateek Jain, the director of top political consultancy group I-PAC, during its ongoing search operation in Kolkata and taking away "key evidences" including physical documents and electronic devices.
In a statement, the ED said, search proceedings were being conducted by its team in a peaceful and professional manner till the arrival of West Bengal Chief Minister along with a large number of police officials.
"Banerjee entered the residential premises of Prateek Jain, and took away key evidence, including physical documents and electronic devices," the ED statement said.
"The CM's convoy then proceeded to I-PAC's office premises, from where Ms Banerjee, her aides, and the state police personnel forcibly removed physical documents and electronic evidence. The actions have resulted in obstruction in ongoing investigation and proceedings under the PMLA (Prevention of Money Laundering Act)," it added.
The agency said the search "is evidence-based and is not targeted at any political establishment."
"No party office has been searched. The search is not linked to any elections and is part of a regular crackdown on money laundering. The search is conducted strictly in accordance with established legal safeguards," said the ED, following high drama that erupted following West Bengal CM's action.
The agency also mentioned that the search was based on the Central Bureau of Investigation's Kolkata unit's FIR No. RC0102020A0022 dated November 27, 2020, against Anup Majee and others, for which the ED had recorded Enforcement Case Information Report (ECIR) vide ECIR/17/HIU/2020 dated November 28, 2020.
During the investigation, ED said, it was revealed that the coal smuggling syndicate led by Anup Majee used to steal and illegally excavate coal from ECL leasehold areas of West Bengal.
"Thereafter, this coal was sold at various factories and plants located in Bankura, Bardhaman, Purulia and other districts of West Bengal.
Investigation revealed that a large part of this coal "was sold to Shakambhari Group of companies," it said.
"Investigation revealed a link with Hawala operators as well. Multiple pieces of evidence, including statements of various persons, confirmed the hawala nexus. Investigation revealed that one hawala operator linked to layering of proceeds of crime of coal smuggling had facilitated transactions of Tens of Crores of Rupees to Indian Pac Consulting Private Limited."
It further said the persons linked to the generation of coal smuggling proceeds, hawala operators and handlers are covered in the PMLA search on January 8, 2026.
"I-PAC is also one of the entities linked to Hawala money. During today's action, six premises in West Bengal and four premises in Delhi are covered."
During the search, the agency also mentioned that the Deputy Commissioner of Police, South Kolkata and officer in charge of Sarani Police Station came to one of the premises along with one personnel to verify the identity of the officials.
"The Commissioner of Police, Kolkata, also entered the premises shortly thereafter, along with several officers of Kolkata Police. They were briefed about the proceedings by the Authorised Officer, who also showed them his identity card," added the agency.
Trinamool Congress alleged that BJP has unleashed the ED with one purpose to seize documents related to our party's electoral strategy and our plans to stand with people affected by SIR.
"This is completely unacceptable. If there were genuine grounds for investigation, notices could have been issued. Instead, the @BJP4India has chosen to misuse central agencies to undermine democracy itself," the party said in a post on X.
"Mamata Banerjee has strongly condemned this blatant abuse of power and made it clear that such attacks will not go unchallenged," the party added. (ANI)