In a move that could shake the foundations of West Bengal’s political and law enforcement establishment, the Enforcement Directorate (ED) has formally sought a Central Bureau of Investigation (CBI) probe against none other than Chief Minister Mamata Banerjee, Director General of Police (DGP) Manoj Malaviya, and Kolkata Police Commissioner Rajesh Kumar for allegedly orchestrating the theft of critical evidence .
This unprecedented request—targeting the state’s highest elected official alongside its top two police officers—stems from a major financial crime investigation where key digital and physical evidence reportedly vanished from a secured location under police custody. The ED CBI probe Bengal demand marks a significant escalation in the long-running tension between central investigative agencies and the Trinamool Congress (TMC)-led state government.
Table of Contents
- The Allegations: What Was Stolen and Why It Matters
- ED CBI Probe Bengal: The Official Request
- Key Figures Under Scrutiny: Who They Are
- Political Fallout: TMC Versus the Centre
- Legal Precedents and Challenges Ahead
- Conclusion: A Test for Federal Investigative Powers
- Sources
The Allegations: What Was Stolen and Why It Matters
According to ED sources, during an ongoing money laundering investigation linked to a major infrastructure scam, investigators had seized electronic devices—including laptops, hard drives, and mobile phones—from key suspects. These items were handed over to the Kolkata Police for safekeeping in a designated evidence room at Lalbazar headquarters .
Days later, when ED officials returned to examine the material, they discovered that several critical devices were missing. Forensic analysis of the remaining items suggested possible data wiping or physical tampering. Given the chain of custody was under the direct supervision of the Kolkata Police Commissioner and ultimately the DGP—who reports to the Home Department headed by the CM—the ED concluded that the theft could not have occurred without high-level complicity or deliberate negligence .
ED CBI Probe Bengal: The Official Request
The ED has now submitted a formal letter to the Ministry of Home Affairs (MHA), requesting that the CBI take over the investigation into the alleged evidence theft. The agency argues that since the matter involves potential criminal conspiracy, destruction of evidence, and obstruction of justice under the Indian Penal Code (IPC) and Prevention of Corruption Act, it falls squarely within the CBI’s jurisdiction—not the ED’s, which is primarily focused on financial crimes under the PMLA .
Crucially, the ED’s letter explicitly names three individuals:
- Mamata Banerjee: As Chief Minister and head of the state government, she oversees the Home Department, which controls the police force.
- DGP Manoj Malaviya: The state’s top cop, responsible for all police operations and evidence protocols.
- Kolkata Police Commissioner Rajesh Kumar: Directly in charge of the city police and the Lalbazar headquarters where the evidence was stored.
Key Figures Under Scrutiny: Who They Are
Mamata Banerjee, a former Union Railway Minister and founder of the TMC, has been West Bengal’s CM since 2011. She has repeatedly accused central agencies like the ED and CBI of being weaponized by the BJP-led central government for political vendettas .
DGP Manoj Malaviya, an IPS officer of the 1988 batch, assumed office in 2023 and has overseen policing during a period of heightened political tension. His role places him at the apex of all evidence-handling procedures in the state.
Rajesh Kumar, also a senior IPS officer, heads the Kolkata Police—a force with a complex history of autonomy and political entanglement. His direct control over Lalbazar makes him the immediate custodian of any seized material in the city.
Political Fallout: TMC Versus the Centre
The TMC has swiftly dismissed the ED’s allegations as “politically motivated fiction.” Party leaders argue that the timing—just months before crucial state elections—is no coincidence. They claim the BJP is using central agencies to destabilize opposition-ruled states, a pattern they say has repeated in Tamil Nadu, Delhi, and Maharashtra .
However, legal experts caution that dismissing the claims outright may be premature. “Evidence tampering in a federal investigation is a serious offense,” notes constitutional lawyer Dr. Aparna Chandra. “If proven, it could amount to contempt of court and criminal conspiracy” .
[INTERNAL_LINK:bengal-political-crisis-2026] This latest clash adds another layer to the already fraught relationship between New Delhi and Kolkata, testing the limits of cooperative federalism.
Legal Precedents and Challenges Ahead
While rare, there are precedents for central agencies investigating state officials for obstructing justice. In 2019, the CBI probed Tamil Nadu police officers for allegedly destroying evidence in a drug case. However, naming a sitting Chief Minister in such a request is exceptionally uncommon.
The path forward faces major hurdles:
- State Consent: The CBI typically requires state consent to investigate serving state officials under the DSPE Act—though the Supreme Court has allowed exceptions in cases of national importance.
- Political Shield: The TMC enjoys a strong majority in the West Bengal Assembly, making any internal accountability unlikely.
- Judicial Oversight: The matter may eventually land before the Calcutta High Court or even the Supreme Court if the Centre pushes for a CBI probe without state approval.
Conclusion: A Test for Federal Investigative Powers
The ED CBI probe Bengal request is far more than a procedural dispute—it’s a flashpoint in India’s evolving federal dynamics. At stake is not just the integrity of a single investigation, but the broader question of whether state machinery can be held accountable when it allegedly interferes with central anti-corruption efforts. As the MHA reviews the ED’s plea, the nation watches to see whether this will become a landmark case of institutional confrontation or another chapter in the politicization of investigative agencies.
Sources
- ED seeks CBI probe against CM, DGP, Kol Police commissioner for evidence theft, Times of India
- Missing Evidence in ED Case Points to Systemic Breach, The Hindu
- Chain of Custody Violations: Legal Implications, LiveLaw
- Jurisdiction of CBI vs ED: A Comparative Analysis, PRS Legislative Research (https://www.prsindia.org)
- Mamata Banerjee Accuses Centre of Misusing Agencies, NDTV
- Pattern of Targeting Opposition States, Economic and Political Weekly
- Expert Commentary on Evidence Tampering Laws, Bar and Bench