The Madurai bench of the Madras High Court delivered a significant ruling on Friday, dismissing a Public Interest Litigation (PIL) that sought a Central Bureau of Investigation (CBI) inquiry into the arrest of Ankit Tiwari, an Enforcement Directorate (ED) officer. Tiwari had been apprehended by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) on charges of allegedly accepting a bribe of Rs 20 lakh from a government doctor and threatening to reopen a case against him.
The bench, comprising Justice M Sundar and Justice R Sakthivel, not only rejected the plea but also emphasized the authority of the state investigative agency in such matters involving officers from central forces. This decision underscores the court's belief in the competency of state bodies to conduct thorough investigations when allegations of wrongdoing arise within their jurisdiction.
Ankit Tiwari's arrest unfolded earlier in the month when the DVAC accused him of demanding a substantial bribe of Rs 3 crore from Dr. Suresh Babu. The alleged bribe was meant to secure the closure of a pending case against the doctor. The DVAC claimed that Tiwari later adjusted his demand, reducing it to Rs 51 lakh. Notably, Rs 20 lakh was purportedly paid on November 1, 2023, leading to further demands for the remaining amount, which eventually prompted Dr. Suresh Babu to file a complaint and resulted in Tiwari's arrest.
Following the arrest, the DVAC conducted searches in the offices of the Enforcement Directorate, heightening the controversy surrounding the case. An advocate from Madurai, J Vivek, approached the court with a plea to restrain the Tamil Nadu police from investigating the matter and to transfer the inquiry to the CBI.
Vivek's argument rested on the premise that the ED had previously conducted raids on the premises of various political parties. He contended that the Director of Vigilance and Anti-Corruption was targeting ED officials in a retaliatory fashion, accusing them of unlawfully detaining ED officials in Madurai, seizing documents, and entering the ED office with unauthorized persons.
Alleging a malicious intent, Vivek claimed that the DVAC officials had unlawfully entered the ED premises with the aim of collecting materials that would support allegations against members of the ruling party. He asserted that the entire episode was politically motivated and, if allowed to persist, could adversely affect the rights and duties of both the state and the Central Government Department.
Furthermore, Vivek argued that when a Central Government staff member is implicated in malpractice for unlawful considerations, the competent authority to take action against the erring official should be the Central Vigilance Commission. In his view, the state government had no role in initiating action against the implicated Central Government staff.
Therefore, Vivek sought the transfer of the investigation to the CBI, citing concerns about fairness and justice. His plea rested on the belief that an impartial and unbiased inquiry could only be guaranteed by involving a central investigative agency like the CBI.
In summary, the Madras High Court's dismissal of the PIL and affirmation of the state's investigative authority sends a clear message about the trust placed in local agencies to handle cases involving allegations against central government officials. The court's decision reflects a balance between state and central jurisdictions, emphasizing the need for a fair and just investigation in the midst of political and jurisdictional complexities.
TAGS: PIL CBI inquiry Ankit Tiwari Enforcement Directorate Tamil Nadu DVAC Bribery
