The Supreme Court on Monday suggested that a judicial body could monitor cases in which investigation is sought to be conducted by both State agencies as well as Central agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) ].A bench of Justices Surya Kant and KV Viswanathan also said that ED should be open to such checks and balances rather than shying away from the same."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.The Court suggested that such judicial oversight could be put in place before the ED or the CBI issues a summons to government servants who may already be subject to a probe by a State agency.The Court's observations arose while hearing a plea by the ED opposing the alleged non-cooperation by the Tamil Nadu government in sharing FIRs concerning probes into money laundering cases under the Prevention of Money Laundering Act (PMLA).The matter is tied to a criminal case registered against ED officer Ankit Tiwari by Tamil Nadu's Directorate of Vigilance and Anti-Corruption (DVAC) after Tiwari was allegedly caught red-handed while accepting a bribe.The ED has prayed that the probe into the bribery case against Ankit Tiwari (currently being probed by the DVAC) be handed over to the CBI.The top court had earlier stayed the DVAC probe against Tiwari.On Monday, the Court also sought the response of the State of Tamil Nadu to a bail plea filed by Tiwari before the top court, after the Madras High Court dismissed his bail plea.The Madras High Court was further directed to decide on Ankit Tiwari's default bail plea independent of the top court's stay on the State's criminal proceedings against him.Meanwhile, Senior Advocates Kapil Sibal and Amit Anand Tiwari, representing the Tamil Nadu government, objected to the interference of Central agencies in State matters, while referring to the illegal sand mining case.They also referred to similar issues cropping up between the West Bengal government and the CBI."All-India service employees have always been prosecuted by the States. Now what is happening is they (Central agencies) are saying - because he (Ankit Tiwari) is Central government (let us probe) They will get immunity. If he says taking bribe is discharge of official duty, then God save us," Sibal argued."How can ED file this petition?" Amit Anand Tiwari added.ASG SV Raju, for the ED, countered that under the guise of arresting Ankit Tiwari, the DVAC ransacked the ED's office and took away key documents.The bench made it clear it will not allow a stalemate in the case."They have paralysed the administration of the State!" Sibal said in conclusion.To address such conflict between Central agencies (ED or CBI) and State investigation agencies, the Court proposed a judicial oversight mechanism.Notably, the CBI and the West Bengal government too have been engaged in court battles over whether the Central agency could investigate cases concerning post-poll violence in the State and an attack on ED officers at premises linked to suspended TMC leader, Shahjahan Sheikh.Yesterday, another bench of the top court rejected West Bengal's plea to halt a CBI probe into the case concerning the attack on ED officers, which the State police had sought to probe.An original suit filed by the West Bengal government alleging misuse of CBI powers is pending before the Supreme Court.Meanwhile, the Tamil Nadu government and the ED's tussle primarily concerns the Ankit Tiwari bribery case the the illegal sand-mining case, in which district collectors were summoned by the ED on allegations of money laundering.The Supreme Court had earlier hinted that guidelines could be evolved to tackle apprehensions of bias by State investigation agencies or "vindictiveness" by central investigating agencies when dealing with such matters.The two cases concerning Ankit Tiwari (the ED's petition and Tiwari's regular bail plea) are likely to be taken up by the Supreme Court on March 20.
TAGS: Supreme Court Judicial oversight Enforcement Directorate (ED) Central Bureau of Investigation (CBI) .
