On Monday, March 11, The Supreme Court heard the Enforcement Directorate’s (ED) petition, which challenges the Tamil Nadu government’s purported lack of cooperation in sharing First Information Reports (FIRs) related to investigations into money laundering cases under the Prevention of Money Laundering Act (PMLA). The Supreme Court recently made significant remarks on Monday, March 11.
NEW DELHI: On Monday (March 11), the Supreme Court directed during a hearing regarding the Enforcement Directorate’s (ED) petition, which challenges the alleged lack of cooperation from the Tamil Nadu Government in sharing First Information Reports (FIRs) related to investigations into money laundering cases under the Prevention of Money Laundering Act (PMLA).
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The matter started with a criminal case filed against ED officer Ankit Tiwari by Tamil Nadu’s Directorate of Vigilance and Anti-Corruption (DVAC) after Tiwari was purportedly caught accepting a bribe.
The ED has urged that the investigation into the bribery case against Ankit Tiwari, currently under DVAC’s scrutiny, be transferred to the Central Bureau of Investigation (CBI).
Earlier, the Supreme Court stayed the DVAC probe against Tiwari and is now soliciting Tamil Nadu’s response to Tiwari’s bail plea, following its dismissal by the Madras High Court.
“In cases in which both sides are making allegations, care should be taken against corrupt officers taking advantage. Law must take its own course. There should be a fair and transparent mechanism to take the investigation to its logical conclusion,” Justice Kant said.
“Can a judicial oversight be introduced both ways, when there are two probes (by State and Central agencies), and before any coercive steps are taken against State’s employees in discharge of their duty … Should there not be some check or judicial oversight for sanctity of federalism when you (ED) issue summons? Why shy away?” Justice Viswanathan remarked while addressing Additional Solicitor General (ASG) SV Raju.
Furthermore, the Madras High Court has been directed to independently decide on Ankit Tiwari’s default bail plea, irrespective of the Supreme Court’s stay on the state’s criminal proceedings against him.
During the proceedings, Senior Advocates Kapil Sibal and Amit Anand Tiwari, representing the Tamil Nadu government, objected to central agencies meddling in state affairs, citing the illegal sand mining case and drawing parallels with the disputes between the West Bengal government and the CBI.
“All-India service employees have always been prosecuted by the States. Now what is happening is that they (the central agencies) are saying that because he (Ankit Tiwari) is the central government (let us probe), they will get immunity. If he says taking bribes is discharge of official duty, then God save us,” Sibal argued.
“How can ED file this petition?” Amit Anand Tiwari added.
The ED’s counsel, ASG SV Raju, countered the accusations, claiming that the DVAC had allegedly raided the ED’s office under the pretext of arresting Ankit Tiwari and seized crucial documents.
The Supreme Court emphasized its resolve to prevent a deadlock in the case and proposed the establishment of a judicial oversight mechanism to address conflicts between central agencies and state investigation bodies.
Similarly, disputes between the CBI and the West Bengal government, notably regarding post-poll violence and an attack on ED officers, have led to legal battles. The Supreme Court recently rejected West Bengal’s plea to halt a CBI probe into the attack on ED officers.
Background
The ongoing conflict between the Tamil Nadu government and the ED primarily revolves around the Ankit Tiwari bribery case and the illegal sand-mining case, where district collectors were implicated for alleged money laundering.
The Supreme Court notices the development of guidelines to address concerns of bias from state investigation agencies or “vindictiveness” from central investigative bodies.
The Supreme Court is expected to address the two cases concerning Ankit Tiwari on March 20, including the ED’s petition and Tiwari’s regular bail plea.
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