ED vs Mamata: Central agency, TMC file counter petitions in Calcutta High Court over I-PAC raids. Here’s what they claimed

The ED petition, a copy of which is with The Indian Express, has 12 points which the central agency wants the Calcutta High Court to consider.

Probe, seizure

ED has asked for the “issue a writ of mandamus directing the Central Bureau of Investigation (CBI) to register FIR(s) and investigate the entire incident, including the role of the present respondents being the Hon’ble Chief Minister, police officials, and all persons acting in concert”.

ED has also sought the immediate seizure, sealing and forensic preservation of all the documents taken from it, and “restoration to lawful custody of the Enforcement Directorate all digital devices, electronic records, storage media, and documents illegally and forcibly taken away from the search premises”. “Declare the obstruction of ED proceedings by the respondents and wrongful confinement of officers as unconstitutional and wholly illegal,” the ED plea said.

It has also sought the return of the material taken and the preservation of the CCTV footage.

“ ..the nature of mandamus commanding the respondents to hand over all documents, materials taken by them, and not to destroy or damage any material whatsoever. Pass interim directions commanding

Respondents to preserve and deposit provide the CCTV cameras and devices containing the footage of both the premises and the CCTV cameras and devices containing the footage of nearby areas to this Hon’ble Court.”

Furthermore, ED has asked the court to pass interim orders restraining any access, deletion, cloning, or tampering with the seized digital devices and electronic records, and to direct the respondent authorities not to take any coercive action against any officers/officials of the agency who were part of the search action.

Against harassment of ‘men, agents and assigns’

The TMC’s petition, a copy of which is with The Indian Express, states “directing the respondents to return of all articles including but not limited to the private, confidential and sensitive data, information, documents illegally seized in physical as well as electronic form belonging to the petitioner and or in relation to the operation/affairs/business of the petitioner illegally seized during the alleged search operation.”

“In the nature of Mandamus directing the Respondent Authorities to act strictly in accordance with law and forbear themselves from harassing the petitioner and or its men, agents and assigns in connection with the subject matter investigation and from taking any coercive steps against the petitioner and/or its men, agents and assigns on the pretext of ongoing investigation”.

“Declaring all actions taken by the respondent authorities, so far as the petitioner and private, confidential and sensitive data, information, documents of the petitioner, and in relation to the operation/affairs/business of the petitioner, illegally seized in physical as well as electronic form, as void and illegal.”

While ED alleged that Mamata Banerjee and other leaders of the ruling Trinamool Congress hindered the investigation when it went to the I-PAC office, where they were simultaneously conducting raids, the chief minister has accused the agency of “trying to get details of all our party activities and plans”.