The Supreme Court on Thursday sought response from the Tamil Nadu government on a plea of the Enforcement Directorate (ED) seeking the transfer of the investigation in a case against one of its officers, who was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption on charges of bribery, to the Central Bureau of Investigation (CBI).
A bench comprising Justices Surya Kant and KV Viswanathan issued notice to the Tamil Nadu government and sought its response within two weeks.
The bench directed the Tamil Nadu Police to present before it, on the next date of hearing, the materials collected in the bribery case. Solicitor General Tushar Mehta, representing the ED, alleged that files related to the investigation against ministers were taken away.
Justice Kant asked senior advocates Kapil Sibal and Amit Anand Tiwari, representing the Tamil Nadu government, not to proceed with the investigation in the bribery case until the next date of the hearing. When the bench inquired whether the ED had also booked the officer accused of accepting the bribe, Tushar Mehta confirmed and expressed the agency’s intention to investigate him as well.
“Ok, you (ED) also don’t proceed in the case,” Justice Kant said as he asked both the TN government and the ED to suggest a mechanism for investigation in the federal structure of the country, emphasizing the need to avoid the risk of criminals going free amid allegations and counter-allegations over investigations in the federal structure.
The court remarked, “This is just the starting. If this happens in different states where ED officers are posted, what will happen to this country? You have to suggest best practices so that a mechanism could be evolved for investigation in our federal structure.” The bench also criticized the Tamil Nadu government for not sharing FIRs with the ED, stating that FIRs should have been uploaded on the police website.
In its plea, the ED also sought a direction for the TN government to appoint a nodal officer to share all FIRs registered in the state related to scheduled offences under the Prevention of Money Laundering Act (PMLA). On December 1, 2023, the ED officer was arrested by the Directorate of Vigilance and Anti-Corruption (DVAC) of the Tamil Nadu government for allegedly demanding and accepting a bribe of Rs 20 lakh from a government employee.
