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Supreme Court vs Mamata Banerjee: A Clash Between Power and the Constitution Hello friends, what happened today in the Supreme Court of India was not merely a legal hearing; it was a story of power standing face to face with the Constitution. On one side stood the Chief Minister of West Bengal, Mamata Banerjee, her party the Trinamool Congress, and eminent lawyers of the country such as Kapil Sibal and Abhishek Manu Singhvi. On the other side were the Enforcement Directorate (ED) and the Supreme Court of India, the guardian of the law. The question was not simply whose argument was stronger; the real question was this—can the system be bent at the signal of power? When the hearing began in the Supreme Court courtroom, the atmosphere was extremely serious. Senior advocate Kapil Sibal took charge on behalf of Mamata Banerjee. He tried to convince the court that Chief Minister Mamata Banerjee is entitled to ‘Z-plus’ security and that the presence of the police with her was entirely constitutional and legal. He said that the West Bengal Police were only performing their duty and that there was no malicious intent. But at that very moment, the Supreme Court posed a sharp question that changed the course of the argument. The court asked whether Z-plus security means that ED officials can be threatened, their mobile phones seized, and FIRs lodged against them. Then Abhishek Manu Singhvi rose to speak. Representing the Trinamool Congress government and Mamata Banerjee, he argued that the state police are independent and act strictly according to law. He further claimed that there was a possibility of deterioration in law and order due to the ED’s actions, and therefore police intervention was necessary. But the Supreme Court made it clear here as well that no state government has the right to obstruct an independent investigative agency. The court stated that if the ED had gone to investigate the coal scam, the duty of the state government was to cooperate, not to obstruct. From this point onward, the Supreme Court’s stance became completely clear. The court observed that this issue was not merely a dispute between the ED and the West Bengal government, but a serious matter connected to India’s federal structure. The Supreme Court stated that no Chief Minister—whether Mamata Banerjee or anyone else—can interfere in the functioning of investigative agencies in this manner. The court also said that the police cannot be used as a political shield. The Supreme Court then delivered its first major order. It imposed an immediate stay on all FIRs filed by the West Bengal Police against ED officials. This order was a direct blow to the Trinamool government’s attempt to exert pressure on the ED. The Supreme Court made it clear that no investigation would proceed in these cases until the next hearing. Soon after came the second major setback. The Supreme Court directed that the mobile phones seized by the West Bengal Police from ED officials must be returned immediately. The court stated that mobile phones are a crucial part of an investigation, and withholding them amounts to influencing the investigation. The court also warned that any tampering with data or information would be treated as a serious offence. During the hearing, Additional Solicitor General S.V. Raju, appearing for the ED, informed the court that the ED had gone to the I-PAC office solely in connection with the investigation into the coal scam. He said that the investigating agency had no political strategy or electoral motive. He claimed that information had been found regarding illegal transactions amounting to nearly ₹700 crore in the coal scam, which formed the basis of the action taken. The Supreme Court took this argument seriously and said that if allegations of money laundering or corruption arise, no one can prevent an independent agency like the ED from doing its job. The court further stated that investigations cannot be stopped just because elections are underway; the law does not operate according to election schedules. The court then adopted a very strict stance on the issue of evidence. The Supreme Court issued a stern warning to the Mamata Banerjee government that no tampering should be done with any digital devices, files, or documents seized by the ED or taken from the spot. The court said that if any manipulation of evidence is found, the West Bengal government would have to face serious consequences. Now pause for a moment and try to understand the entire matter in depth. What happened in the Supreme Court did not happen suddenly. This conflict had been simmering beneath the surface for the past several months. Tension between the Trinamool government and central investigative agencies is nothing new, but this time the matter has become serious because the allegations directly concern the administrative conduct of Chief Minister Mamata Banerjee and the use of the police force. When the ED reached Kolkata for searches, the scenes that unfolded shocked the entire country. When ED officials arrived at the I-PAC office, the situation was far from normal. Allegations were made that those present not only protested but deliberately tried to inflame the situation. Then the West Bengal Police entered, and from there the story took a dangerous turn. The mobile phones of ED officials were seized, they were questioned, and within a few hours FIRs were lodged against them. The question is not why the FIRs were filed; the question is, at whose signal did this happen with such speed? It was on this point that the Supreme Court made its strongest remarks. The court clearly stated that if any official violates the law, action can be taken, but even that action must follow legal procedure. No state government can be allowed to intimidate or humiliate an independent investigative agency. During the hearing, direct questions were also raised about Mamata Banerjee’s role. The Supreme Court sought to know whether the police officials acted on their own judgment or under instructions from higher authorities. The court also took note of the roles of West Bengal DGP Rajeev Kumar and the Kolkata Police Commissioner. The court clearly indicated that police officers are not merely uniformed employees; they are accountable to the Constitution. Meanwhile, discussions have also begun regarding statements made by Trinamool Congress leaders. Many party leaders have openly accused the ED of political vendetta. It has been alleged that the central government is misusing agencies at the behest of the BJP. But the Supreme Court did not give much weight to this argument of political vendetta. The court said that if there is misuse of agencies, there are legal remedies available, but taking the law into one’s own hands cannot be permitted. During the hearing, it also emerged that several important digital pieces of evidence related to the coal scam are under investigation. The ED claims that crores of rupees were routed through hawala channels, and part of this money reached individuals linked to political strategy. This is why the Supreme Court placed special emphasis on the protection of digital evidence. The court clarified that mobile phones and laptops are not merely personal devices; in the modern age, they often contain the blueprint of a crime. Call details, chats, emails, location data—all of these are crucial investigative tools. If these are tampered with, reaching the truth becomes impossible. Therefore, the Supreme Court issued clear directions to ensure that all devices are kept secure. This entire episode has also raised serious questions about Mamata Banerjee’s politics. Mamata Banerjee has always projected herself as a fighter who is not afraid to take on the Centre. But this time, the fight is not with the Centre—it has become a confrontation with the Constitution. The Supreme Court’s orders have made it clear that there is a limit to confrontation, and beyond that limit, the law speaks. At the next hearing, the Supreme Court will seek answers from the West Bengal government. The court will ask on what basis the police took such harsh action and whether there was any level at which evidence was tampered with. If anything of that sort is found, the matter will not remain limited to reprimand; it could even lead to a constitutional crisis. Friends, today’s India does not function on elections alone; it functions through institutions. And when institutions are questioned, the Supreme Court is the final door. Today, the Mamata Banerjee government stands at that very door. What happens in the future will be revealed by time. But one thing is certain: this issue is not limited to a single state; it is a test of the democratic framework of the entire country. Friends, this case is not over yet. This battle is long, and its political impact will be far-reaching. But today, the Supreme Court has clearly stated that in India, the real strength of democracy lies in the Constitution and the law—not in power. What happens in the next hearing will be extremely interesting to watch. How do you see this entire matter? Do share your opinion. Namaskar. _Translated from Bengali/Bangla_ #Old news