Independent Rajya Sabha MP Kapil Sibal on Saturday questioned the timing and intent of the Enforcement Directorate’s actions, asking why the agency appears to intensify investigations against opposition leaders primarily when elections are approaching. He also urged the Supreme Court to urgently take up long-pending review petitions concerning the jurisdiction and powers of central probe agencies.
Addressing a press conference, Sibal alleged that the recent ED raids in West Bengal were aimed more at political harassment than genuine investigation. He pointed to similar patterns in the past, citing the agency’s actions against former Jharkhand chief minister Hemant Soren during elections in that state, as well as cases involving Lalu Prasad Yadav and Tejashwi Yadav in Bihar during the assembly polls.
Referring specifically to the raids linked to the political consultancy firm I-PAC in West Bengal, Sibal questioned what exactly the ED was probing and on what grounds documents were being seized. He argued that the agency cannot arbitrarily take away all records without clearly defining the scope of its investigation.
On Thursday, the ED conducted searches at the Kolkata office of I-PAC and at the residence of its chief in connection with an alleged coal smuggling case. During the operation, officials reportedly faced resistance, and the ED later claimed that West Bengal Chief Minister Mamata Banerjee entered the premises and removed what it described as crucial evidence linked to the probe.
Sibal, a former Union minister, contrasted the present situation with the period between 2004 and 2014, when the UPA was in power. He claimed that during that decade, the ED was never allowed to function as a politically driven force and was not given unchecked authority to target political parties or leaders on the basis of unverified or false allegations.
He remarked that when the ED was originally set up, it was never envisaged as an agency with omnipresent powers that could operate anywhere in the country at any time. According to him, the manner in which it is functioning today threatens the federal structure by destabilising opposition governments and interfering in state politics, whether justified or not.
Expressing concern over the developments in West Bengal, Sibal said he was deeply troubled and stressed that such actions risk undermining national unity and integrity. When asked whether the Centre might impose President’s Rule in the state following the recent events, he cautioned that any arbitrary decision without a solid constitutional basis would have political consequences and could provoke a strong public response.
Sibal also held the Supreme Court partly responsible for the current situation, pointing out that it has not yet heard review petitions challenging the expanding jurisdiction of central investigative agencies. He said it was imperative for the court to address these issues urgently, warning that continued inaction could weaken the federal framework and erode public trust.
He further argued that the ED now seems to believe it has the authority to intervene wherever an FIR is registered, regardless of the context. According to Sibal, this approach has resulted in a pattern where the agency appears selectively active in states heading into elections.
Recalling earlier instances, he said the ED’s presence in Jharkhand and Bihar coincided with election periods, disrupting campaign schedules and forcing opposition leaders to deal with legal proceedings at critical political moments. He claimed a similar strategy was now being applied in West Bengal ahead of upcoming elections.
Responding to the ED’s allegation that Mamata Banerjee obstructed the I-PAC raids, Sibal said the agency must first clarify what it was actually investigating. He argued that if the probe related to a coal scam, the ED should have followed due process by seeking specific digital or documentary access instead of creating a scene during the election period.
Sibal accused the ruling party of using investigative agencies to create political instability, stating that such actions reveal an intention to weaken the Trinamool Congress and target Mamata Banerjee because electoral victory in West Bengal is otherwise difficult.
He concluded by remarking that the ED and the CBI now function as all-powerful entities under the current government, likening them to instruments that can be deployed at will to serve political ends.
