The Supreme Court criticized Enforcement Directorate officers for negligence during the bail plea of Arun Kumar Tripathi, who was arrested in a money laundering case. The court quashed the order taking cognizance, ruling that Tripathi couldn’t remain in custody. It reinforcedED accountability while imposing strict bail conditions, including passport surrender.
New Delhi: The Supreme Court on Wednesday strongly criticized Enforcement Directorate (ED) officers for failing to act diligently, stating that erring officers should suffer consequences for their negligence. The observation was made while hearing the bail plea of Arun Kumar Tripathi v. Directorate of Enforcement.
A Bench of Justices Abhay S Oka and Ujjal Bhuyan ruled that an accused in a Prevention of Money Laundering Act (PMLA) case cannot be kept in custody if the order taking cognizance of the ED complaint has been quashed.
“Order taking cognizance has been quashed, how can accused continue to be in jail? We have serious grievance to make. It took us 5 minutes to say that order has been quashed….if the officers are not going to act (diligently)…they should suffer,”
the court remarked.
The Court also criticized the ED for failing to take timely action, adding,
“This application should have been produced by ED, not (accused). ED should come clean on every matter.”
The case involved Arun Kumar Tripathi, an Indian Telecommunications Service Officer, who was arrested by the ED on August 8, 2023, in connection with a money laundering case linked to the Chhattisgarh liquor scam.
The ED had filed a supplementary complaint under Section 44 of the PMLA, after which a court took cognizance of the matter on October 5, 2023.
However, the High Court later quashed the cognizance order, citing that no sanction for prosecution had been obtained. Despite this, the ED challenged the High Court’s order before the special court, prompting Tripathi to approach the Supreme Court.
Considering that Tripathi had been in custody since August 8, 2023, and that the order taking cognizance had been quashed, the Supreme Court directed the ED to produce him before the special court, which was ordered to grant him bail.
The court also imposed stringent conditions for bail, including the surrender of his passport.
Legal Representation in the Case
- Senior Advocate Meenakshi Arora represented the accused.
- Additional Solicitor General SV Raju appeared for the Enforcement Directorate.
This ruling marks a significant judicial intervention, reinforcing the accountability of ED officers and ensuring that accused individuals are not wrongfully detained due to procedural lapses.
Case Title – Arun Kumar Tripathi v. Directorate of Enforcement
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