In a crucial hearing related to the ED raids at I-PAC, the Supreme Court of India refused to grant any adjournment and directed the West Bengal government to begin its submissions without delay.
A bench comprising Justices Prashant Kumar Mishra and K. V. Vishwanathan took a firm stand, rejecting the state’s request to postpone the proceedings. The court made it clear that if the state seeks time, it must present valid and justified reasons.
Appearing for the Enforcement Directorate, Solicitor General Tushar Mehta opposed any delay, arguing that unnecessary adjournments should not be entertained in such significant matters.
Bengal Seeks Constitution Bench Reference
Following the court’s refusal, the West Bengal government pushed for the matter to be referred to a five-judge Constitution Bench. The state argued that the case raises substantial constitutional questions, particularly regarding the maintainability of the ED’s plea under Article 32.
The government also questioned the broader constitutional framework governing disputes between a Central agency and a State, stating that the issue goes beyond routine legal interpretation.
Legal Debate Over ED’s Authority
Senior Advocate Shyam Divan raised key legal concerns during the hearing, referring to Article 145 of the Constitution, which deals with the rules of the Supreme Court.
He argued that a government department, which is not a corporate legal entity, cannot independently file a case. According to him, both Central and State governments operate through departments, but such entities must have legal personhood to invoke constitutional remedies.
Centre vs State Clash Intensifies
Divan further highlighted what he termed a “structural inconsistency” in the ED’s plea, stating that the Union government is effectively invoking fundamental rights provisions (Part III) against a State, even though states are primarily responsible for protecting those rights.
The argument has added a new constitutional dimension to the case, turning it into a significant Centre-versus-State legal battle.
High-Stakes Case Continues
With the Supreme Court refusing to delay proceedings, the spotlight is now on the West Bengal government’s arguments. The outcome of the case could have far-reaching implications on the powers of central agencies like the Enforcement Directorate and their jurisdiction in states.
The hearing is expected to continue with intense legal scrutiny as both sides present arguments on key constitutional issues.
