LI Network
Published on: January 25, 2024 at 17:00 IST
The Supreme Court indicated its intention to establish guidelines ensuring a fair and transparent investigative process in cases involving the Directorate of Enforcement (ED) and officials from State Governments. The Court emphasized the need to prevent vindictive arrests while ensuring that the real culprits are duly prosecuted.
During the hearing of a writ petition filed by the ED seeking the transfer of a bribery case against ED officer Ankit Tiwari from the Tamil Nadu Directorate of Vigilance and Anti-Corruption to the Central Bureau of Investigation (CBI), a bench comprising Justices Surya Kant and KV Viswanathan outlined their concerns. The bench issued a notice to the State of Tamil Nadu, urging a response within two weeks, and directed the State agency not to proceed with the investigation against Tiwari during this period.
Solicitor General of India Tushar Mehta, representing the ED, clarified the agency’s stance, emphasizing the need for a fair investigation without supporting the implicated officer. Mehta expressed grievances that the Tamil Nadu Police hindered the ED’s investigations by not sharing FIRs of scheduled offenses, claiming it affected the agency’s money laundering inquiries against several State officials. In response, Senior Advocate Kapil Sibal, representing the State, refuted these allegations.
The bench, recognizing a broader issue, expressed its intention to develop a mechanism applicable across India. Justice Viswanathan urged both parties to collaborate and propose suggestions, considering the federal nature of the country. Sibal concurred, emphasizing the potential jeopardy to the federal structure.
Referring to an order by the Madras High Court, Justice Surya Kant refrained from commenting on specific cases but emphasized the need for a transparent investigation. The bench sought to address concerns about the selective targeting of certain states and proposed the creation of a mechanism that ensures impartiality and prevents vindictive actions.
The Solicitor General acknowledged the need for such a mechanism, expressing concern about the lack of cooperation from the Tamil Nadu Police.
The bench proposed involving a retired DGP officer or a former High Court judge in a joint team comprising the State anti-corruption bureau and the ED for investigations. The emphasis was on punishing the guilty while preventing vindictive arrests and maintaining transparency.
The hearing witnessed heated exchanges between the lawyers, with discussions about the scope of ED’s powers and the necessity for a transparent mechanism to avoid political vendettas. The Supreme Court stressed the importance of eliminating apprehensions of political bias and protecting the country’s institutional setup.
The case in question is titled “Directorate of Enforcement v. State of Tamil Nadu W.P.(Crl.) No. 23/2024.” The Court is expected to further deliberate on the matter in the coming weeks.