I am baffled by two recent happenings which keep coming to my mind again and again. One is the way the Venezuelan President was physically lifted by USA and transported to face trial in USA. Second is the way West Bengal Chief Minister stalled Enforcement Directorate’s search operation by personally visiting two places where the Directorate’s officials were conducting search. First event is a matter of international law on which my knowledge is limited. On second, I have practical experience because I have conducted some money laundering cases as a lawyer. I shall start with an assumption that ED’s search was tainted by political overtones, and the purpose was to get hold of documents to made over to rival political party, as alleged by the Chief Minister. Was the Chief Minister, and more particularly her political party, remediless?

Media reports indicate that search operation started early in the morning and it was around 11 AM, the Chief Minister intervened. In between, there was sufficient time to approach the High Court to seek stay of the search operation on the very ground which is now being propounded i.e., the allegedly real purpose was to poach party-related confidential information. Every lawyer knows basic principles of administrative law, namely ultra vires and colourable exercise of power which entitles a citizen to seek judicial intervention.

Seizure memo. has to be drawn up at the very spot where search is conducted, and this would have been a document which could have formed the basis to seek High Court’s intervention. The ED officials are also supposed to carry with them the search authorisation document. This would have been the other documents which could be pressed into service while seeking legal remedy.