Supreme Court Questions ED's Reluctance to Court Supervision in Dual Agency Probes

The Supreme Court of India has suggested the implementation of a judicial oversight mechanism to monitor cases involving investigations conducted by both State agencies and Central agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI). Justices Surya Kant and KV Viswanathan expressed the idea that judicial oversight could be introduced before the ED or the CBI issues summons to government servants who are already under investigation by a State agency. The court emphasized the importance of checks and balances, particularly for the sanctity of federalism.

The observations came during a hearing of a plea by the ED against alleged non-cooperation by the Tamil Nadu government in sharing FIRs related to money laundering cases under the Prevention of Money Laundering Act (PMLA). The case involves a criminal investigation against ED officer Ankit Tiwari by Tamil Nadu's Directorate of Vigilance and Anti-Corruption (DVAC) for accepting a bribe. The ED has requested that the probe be transferred to the CBI.

The court also sought the response of the State of Tamil Nadu to Ankit Tiwari's bail plea, following the Madras High Court's dismissal of his bail plea. Senior Advocates Kapil Sibal and Amit Anand Tiwari, representing the Tamil Nadu government, objected to the interference of Central agencies in State matters. They referenced a similar conflict between the West Bengal government and the CBI.

To address conflicts between Central and State investigation agencies, the Supreme Court proposed the introduction of a judicial oversight mechanism. The court will likely take up the two cases related to Ankit Tiwari on March 20.