A bench comprising Justices PK Mishra and NV Anjaria verbally remarked that a chief minister cannot put democracy in peril through such actions. “Do not convert this into a dispute between the state and the Centre. It is not (a dispute between state and Centre). A chief minister of any state cannot walk into the midst of an investigation, put democracy in peril, and then say… This is per se an act committed by an individual who happens to be the chief minister, thereby placing the entire democracy in jeopardy,” the bench verbally remarked.
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The bench further observed that no one could have conceived a situation in this country that one day a chief minister would walk into the office… (of a premises being raided by an investigating agency).
It also orally remarked that the situation at hand is an “extraordinary situation”, stating that it cannot not shut its eyes to the realities on the ground in West Bengal.
“Before the other bench, where the FIR is under question, we have seen a situation where several judicial officers were allegedly kept hostage. And you want the petitioner to have gone to a magistrate under Section 200? We cannot shut our eyes to the reality of what is happening. We cannot lose sight of the practical situation prevailing in the state. Do not compel us to make observations. This is not a litigation between Ram and Shyam. This is an extraordinary situation where the contours are totally different. The court has to take decisions keeping in view socio-political realities. It is an ever-evolving process,” the bench remarked.
These observations fell from the bench in response to senior advocate Sidharth Luthra’s argument that ED could have approached a judicial magistrate with its complaint.
The development took place during the resumed hearing of a plea filed by ED against the West Bengal government and its chief minister, accusing them of obstructing the agency’s searches at the premises of political consultancy firm I-PAC and the residence of its co-founder Pratik Jain.
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At the previous hearing, SC had verbally observed that the presence of West Bengal chief minister Mamata Banerjee at the I-PAC offices during the ED raid in January was “not a happy situation.” Calling Banerjee’s entry into the raid premises “unusual”, the bench, at the last hearing, had also questioned the West Bengal government’s claim that ED has no right to file a plea against a state government.
