Didi vs ED: Why Did Directorate Wait Two Years To Raid I-PAC: Trinamool Asks SC

The Enforcement Directorate had acted in a mala fide manner in its investigation of an alleged coal scam— approaching I-PAC in its West Bengal offices nearly two years after the last recorded statement in the ongoing case, the All India Trinamool Congress (TMC) alleged before the Supreme court on Thursday. 

“Why was there a need to go there in the midst of an election? In the coal scam they are talking about, the last statement they are talking about was recording in February 24, 2024. What were they doing for two years? Why come there in the midst of an election in 2026,” asked senior advocate Kapil Sibal, who was appearing for the Chairperson of TMC. 

Sibal was arguing against two petitions filed by the ED. The first petition is seeking directions for an FIR against WB Chief Minister Mamata Banerjee and other senior state police officials for obstructing its investigation by taking evidence from a search site in Kolkata. The second petition, filed on Thursday ahead of the scheduled hearing, is for directions to suspend the WB Director General of Police Rajiv Kumar, and other senior police officials for allegedly aiding and abetting Banerjee in obstructing the ED’s investigation.

A bench comprising Justices Pancholi and Mishra were hearing the first petition.

During the hearing, the Enforcement Directorate told the SC that it had to approach the apex court for registration of an FIR against West Bengal Chief Minister Mamata Banerjee and others as “mobocracy” had replaced “democracy” in the state of WB. 

While mentioning that it had separately filed a petition seeking directions to suspend the WB Director General of Police and other senior police officials for their role in obstructing the agency’s searches at the premises of I-PAC’s offices and its chief’s residence, Solicitor General Tushar Mehta said: “Let the example be set. The lordships may direct competent authority to suspend— that is the prayer.”

Mehta further added that the ED was concerned of a pattern of behaviour from the Trinamool Congress and its party chiefs, pointing to the arrest of CBI officers by WB police. “The CBI officers don’t go on their own, there is a directive from this court, and then they are arrested and taken to the police station. The CM then stages a dharna so no one can enter the premises,” he said. 

Pointing to the January 8, 2026, hearing in Calcutta High Court, Mehta said the ED had proof that it was a planned disruption. “Our innocent thinking can be that maybe because of the sensitivity of the matter that lawyers may have gone and that would have resulted in an unintentional kind of chaos. But I have placed on record Whatsapp records that shows that this was not spontaneous and that they were all instructed by the legal cell of the TMC party to go there,” he added.

After hearing Mehta, the bench said it would issue notice, but was reminded by Sibal that TMC had filed a caveat in the matter. 

Sibal argued that the ED had acted in a mala fide manner which was shown by the fact that it had only approached WB for searches and seizures at a time when the state elections were upon it.  

“The matter of money laundering relates to Goa, but there are no elections in Goa,” said Sibal. 

To this, Solicitor General Tushar Mehta replied: “There are no elections in West Bengal yet either.”

Sibal shot back immediately: “If this is the level of knowledge of our SG then my lords what can I say?”

The bench clarified that Mehta meant that no elections had yet been notified. 

West Bengal is likely to hold state elections in March-April 2026 as per the ECI schedule. 

Appearing for the police officials, senior advocate Abhishek Manu Singhvi accused the ED of “forum shopping”, pointing out that the same case was before the Calcutta High Court. 

“I also intend to raise the objection of forum shopping— there are identical petitions in HC and SC. In effect, the HC has been told that I am riding two horses,” said Singhvi. 

Meanwhile Sibal and Singhvi both pointed to the ED’s panchnama from the search and seizures which said that nothing was seized from the premises of both I-PAC offices and Pratik Jain's house. They also pointed out that the ED had started searches at 6:20 AM but had only sent an email to identify themselves at 11:30AM—“five hours after they started their search.” 

After a heated hearing, the matter has been posted for further arguments at 2PM on Thursday, January 15, 2026.

The petitions before the top court emanate from an ED investigation into an alleged coal mining scam, the proceeds of which were allegedly used to pay I-PAC. The ED had raided I-PAC offices and its founder’s homes last week. In response, the West Bengal CM spoke up sharply, and said the raids were an overreach. The ED has sought directions from the SC to file an FIR against Banerjee for obstruction of proceedings.