Independent Rajya Sabha MP Kapil Sibal on Saturday accused the Enforcement Directorate (ED) of selectively targeting Opposition leaders during election periods and urged the Supreme Court to take up pending review petitions on the jurisdiction and powers of central probe agencies.
Addressing a press conference, Sibal questioned why ED action appears to intensify only when elections are underway. He cited recent developments in West Bengal and earlier instances involving Jharkhand Chief Minister Hemant Soren and RJD leaders Lalu Prasad and Tejashwi Yadav during Assembly polls.
He alleged that the ED’s actions in West Bengal were aimed at harassing Opposition leaders rather than pursuing legitimate investigations. Referring to the recent raids on political consultancy firm I-PAC, Sibal questioned the scope of the probe and said the agency could not arbitrarily seize all documents.
On Thursday, the ED conducted searches at I-PAC’s office and at the residence of its chief in Kolkata in connection with a coal smuggling case. The agency has alleged that its officials faced obstruction during the searches and claimed that West Bengal Chief Minister Mamata Banerjee entered the premises and removed “key” evidence.
Sibal rejected the allegation and questioned the conduct of the searches. “If the probe relates to a coal scam, the agency should have sought access only to material connected to that case,” he said.
The former Union minister contrasted the current situation with the UPA years, saying that between 2004 and 2014, probe agencies were not given a “free hand” to act against political opponents. “No political party or leader was prosecuted on false information during that period,” he said.
“When the Enforcement Directorate was created, it was never intended to be an omnipresent agency acting anywhere, anytime. Such unchecked powers threaten the federal structure,” Sibal said.
Expressing concern over the developments in West Bengal, he said he did not want the unity and integrity of the country to be disturbed. Asked whether the Centre could impose President’s Rule in the state, Sibal warned that any arbitrary decision would have political consequences.
The senior advocate also criticised the Supreme Court for not hearing review petitions pending before it on the jurisdiction of probe agencies. “The time has come for these issues to be examined. Otherwise, the federal structure will weaken,” he said.
Sibal further alleged that the ED routinely follows FIRs registered by state police and assumes it has the authority to investigate across the country. “It is striking that the ED becomes active only in states where elections are imminent—Jharkhand, Bihar and now West Bengal,” he said.
Responding to the ED’s allegation that Chief Minister Mamata Banerjee obstructed the I-PAC raids, Sibal said the agency must first clearly explain what it was investigating. “They suddenly remembered to collect documents during the election period. Their intention is clear—to create political disturbance,” he alleged.
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