SC Calls For Balance In ED Officer’s Case In Tamil Nadu

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The Supreme Court has recently emphasized the need to balance the interests of state and central agencies when investigating cases involving officers of central agencies.

The remarks came during a hearing on a plea by the Enforcement Directorate (ED) seeking the transfer of an investigation into its officer Ankit Tiwari, who was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) for alleged bribery.

The ED sought to transfer the case to the Central Bureau of Investigation (CBI).

A bench of Justices Surya Kant and Ujjal Bhuyan observed that an accused has the right to a fair investigation. The court highlighted the importance of maintaining the integrity of the federal structure, stating that if states arbitrarily arrest central officials, it could lead to a constitutional crisis.

While emphasizing the potential dangers of states having exclusive powers to arrest central government employees, the bench also noted that restricting state police from investigating cases within their jurisdiction would not be desirable either.

“We will consider the arguments from both sides to strike a balance between these competing aspects,” the bench remarked, recognizing the complexity of such matters. It reiterated that although an accused cannot dictate the investigation, they are entitled to fairness throughout the process.

The Tamil Nadu government’s counsel informed the court that Tiwari had been arrested while accepting a bribe of Rs.20 lakh, and the investigation was nearing completion.

However, the chargesheet had not been filed as the Supreme Court was reviewing the ED’s plea. The bench has scheduled the matter for hearing again in January.

Tiwari, an officer posted in Madurai, was arrested on December 1, 2023. Following his arrest, the ED filed a complaint accusing the Tamil Nadu police of trespassing into its Madurai office and stealing case records. The DVAC, however, claimed that “incriminating documents” were seized during the search.

In a previous hearing, the Supreme Court had explored the idea of establishing a transparent, nationwide mechanism to investigate cases involving central and state government officials, in order to prevent concerns of political interference. The ED had also requested the Tamil Nadu government to appoint a nodal officer to share FIRs related to scheduled offences under the Prevention of Money Laundering Act (PMLA).

On March 20, the court granted interim bail to Tiwari while the case was under consideration.

The ED’s plea for a transfer of the case to the CBI remains pending as the court seeks to balance the competing interests of fair investigation and jurisdictional integrity between state and central authorities.