The Supreme Court on Wednesday stated that a chief minister cannot “put democracy in peril” by interfering with an investigation, reported Bar and Bench.
“What right of the state does this involve?” asked a bench of Justices Prashant Kumar Mishra and NV Anjaria while hearing a petition filed by the Enforcement Directorate against West Bengal Chief Minister Mamata Banerjee and several state police officers for allegedly obstructing the searches at the premises of political consultancy I-PAC on January 8.
The bench added that this was not a dispute between the state and the Union government, reported Live Law.
The Enforcement Directorate had moved the court under Article 32 of the Constitution that allows persons to approach the Supreme Court directly against the alleged violation of fundamental rights.
During the hearing on Wednesday, the court said that the chief minister cannot walk in the “midst of an inquiry”, Live Law reported.
The court’s statement came in response to the state government questioning the maintainability of the plea, arguing that Article 32 was available only to individuals and not a government department.
“There was no criminal conduct, there was no intimidation, there was no infraction,” said advocate Menaka Guruswamy, representing the West Bengal government.
She further submitted that the matter raises a “substantial question of law” and must be referred to...
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