‘Don’t Argue on This’: Justice Misra Snubs Kalyan Banerjee’s Logic in SC Over ED Officers

In a high-voltage hearing at the Supreme Court, the bench of Justice Sanjiv Khanna and Justice Dipankar Misra delivered a sharp rebuke to Senior Advocate Kalyan Banerjee, representing the Mamata Banerjee government. While discussing the rights of Enforcement Directorate (ED) officers in the context of the I-PAC case, Justice Misra shut down the state’s argument, stating, “Do not argue on this further.”
The Argument: Kalyan Banerjee contended that ED officers, even when posted on deputation, are essentially officers of the Revenue Department under the Central Ministry. He argued that these officers were merely performing their institutional duties and were not acting in their individual capacity. This was interpreted as an attempt to downplay the breach of their personal fundamental rights during recent incidents of violence and legal harassment in West Bengal.
The Court’s Counter: Justice Dipankar Misra was not convinced by this logic. The bench emphasized that holding a government post does not strip an individual of their fundamental and constitutional rights. The court maintained that any officer, regardless of their department, deserves protection from physical assault and undue legal pressure while discharging their duty.
The “Don’t argue” remark from the bench highlights the court’s growing impatience with the state’s justification of the friction between local police and central agencies. This exchange has put the West Bengal government in a difficult position, as the Supreme Court continues to prioritize the safety and autonomy of federal investigators against state-sponsored hurdles.