'Why Are You So Afraid?’: SC Allows ED to Access I-PAC Functionary’s Phone, Rejects Privacy Plea

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Supreme Court on Thursday allowed the Enforcement Directorate (ED) to access information from the mobile phone of I-PAC functionary Jitendra Mehta, rejecting his plea that opening the device would violate his right to privacy.A bench led by Chief Justice Surya Kant refused to restrain the ED from examining the phone, which was seized during a search conducted on January 8 at the Delhi office of political consultancy firm I-PAC.Appearing for Mehta, senior advocate C A Sundaram urged the court to bar the agency from accessing the contents of the mobile phone till the next date of hearing on Tuesday, arguing that such access would infringe upon his client’s fundamental right to privacy.

Questioning the apprehension, the bench asked, “Why are you so afraid?” When Sundaram pressed for judicial protection, the court responded, “We know how to protect an innocent citizen.”The court made it clear that it was not inclined to grant interim relief restraining the probe agency at this stage.The ED, which is probing alleged financial irregularities linked to the matter, has summoned Mehta to its headquarters for questioning later in the day, officials said. Mehta is associated with I-PAC (Indian Political Action Committee), a political consultancy firm that has worked with several political parties and leaders across the country.Further hearing in the matter is scheduled for Tuesday.

The Supreme Court was hearing a plea moved by the Enforcement Directorate (ED) alleging interference and obstruction by the West Bengal government, including by Chief Minister Mamata Banerjee, in its probe and search operation at the I-PAC office and the premises of its director, Pratik Jain, in connection with an alleged coal-pilferage scam.The West Bengal government had filed a caveat in the top court, seeking that no order should be passed without hearing it in connection with the ED raids against political-consultancy firm I-PAC last week. A caveat is filed by a litigant in high courts and the Supreme Court to ensure that no adverse order is passed against it without it being heard.The ED has alleged that Banerjee entered the raid sites and took away "key" evidence, including physical documents and electronic devices, from the premises of I-PAC and obstructed and interfered with the investigation in the case.The ED has alleged repeated obstructions and non-cooperation by the state administration and sought directions for an independent inquiry by the Central Bureau of Investigation (CBI), contending that a neutral central agency is necessary in view of the "interference" by the state executive.Prior to approaching the Supreme Court, the ED on January 9 knocked on the doors of the Calcutta High Court, seeking a CBI probe against Banerjee, alleging that the Trinamool Congress (TMC) supremo, with the aid of police, took away incriminating documents from the agency's custody during the raid at Jain's house.The ED's plea in the apex court follows events from January 8, when the agency conducted searches on the premises of I-PAC and Jain in Kolkata as part of a money-laundering probe into the alleged multi-crore-rupee coal-pilferage scam.During the search operation, Banerjee reached the I-PAC office along with senior TMC leaders, confronted the ED officials and allegedly took away documents from the premises. The chief minister has accused the central agency of overreach.The West Bengal Police has also registered an FIR against ED officers. The TMC has denied the ED's allegation of obstruction. The Mamata Banerjee-led party has further alleged that the ED action against I-PAC, the election consultant of the party, was aimed at accessing confidential election-strategy material.The party has maintained that I-PAC functions as its election strategist and that the ED's action was intended to disrupt its electoral preparations rather than pursuing any bona-fide investigation in the case.West Bengal assembly polls are due in a few months.