New Delhi: Supreme Court Wednesday condemned West Bengal government for objecting to its effectiveness law enforcement bureauChief Minister Mamata Banerjee has entered a plea for alleged obstruction in the I-PAC raid.The Supreme Court noted that no entity can be left without remedies under the Constitution.A bench of Justices Prashant Kumar Mishra and NV Anjaria asked how legal recourse would be sought if the central investigation agency is not allowed to approach the court.“If, as you argue, the ED cannot file a writ under Section 32, then it certainly cannot approach the High Court under Section 226. Where will they go? There cannot be a vacuum,” the top court said.The judge also cited Mamata for allegedly obstructing officers during the raid, saying that raised larger constitutional issues.Senior advocate Shyam Divan, appearing for the state, argued that the ED was not a legal entity and therefore could not file the writ petition.He said only the Union of India has the authority to initiate such proceedings and warned that allowing departments to independently invoke writ jurisdiction could disrupt the federal structure.Senior advocate Kapil Sibal, appearing for Mamata, also argued that the education ministry was unable to seek directions in connection with the CBI probe into alleged obstruction of justice.Meanwhile, in its plea, the central agency sought to register an FIR against Banerjee and the police. It also raised questions about the FIR filed by the West Bengal police against its personnel.Earlier, on January 15, the Supreme Court termed the alleged obstruction of justice as “very serious” and stayed the FIR against the ED officials who conducted the raids. It also directed the West Bengal police to preserve CCTV footage of the operation.The court also issued notices to Banerjee, the West Bengal government, former superintendent of police Rajiv Kumar and other senior police officers on a request from the education ministry seeking a CBI probe into alleged obstruction of justice.
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