The Supreme Court on March 11 suggested judicial oversight over the cross-fire of criminal cases filed between Central agencies like the Directorate of Enforcement (ED) and the police in Opposition-ruled States in order to protect innocents from vexatious prosecution and prevent the corrupt from taking advantage.
A Bench of Justices Surya Kant and K.V. Viswanathan was hearing a petition filed by the ED against the criminal prosecution launched by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) against its officer Ankit Tiwari for bribery.
“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.
Justice Viswanathan highlighted a situation in which Central agencies book State officers and States in turn prosecute Central officers for offences allegedly committed by them in the course of their official duties within the territorial jurisdiction of the State concerned.
“Can a judicial oversight be adopted before coercive steps are taken with regard to these employees? When the nature of the offence is directly relatable to the official responsibilities of the delinquent official…” Justice Viswanathan asked.
The Bench asked who was entitled to investigate Central officers who commit offences in grave misuse of their official duties.
“Will the offence committed by a Central government employee by misusing his official capacity be investigated by the Central Bureau of Investigation or by the State in whose jurisdiction the alleged offence happened?” Justice Viswanathan questioned.
Senior advocate Kapil Sibal, appearing for Tamil Nadu, said “history” shows that States could prosecute Central officials in such cases.
“How is it possible that States cannot prosecute just because the official concerned is a Central government employee? Will the Central employee get immunity?” Mr. Sibal asked.
Case transfer sought
The ED had appealed to the apex court seeking transfer of the case against Mr. Tiwari to the Central Bureau of Investigation.
Additional Solicitor General S.V. Raju said the State, using the case against Mr. Tiwari as a ruse, was “ransacking” ED offices and taking away documents crucial to an ongoing high-profile investigation into illegal sand mining.
“Our investigation in that case [sand mining] involves several high-ranking Ministers,” Mr. Raju submitted.
Mr. Sibal said the ED’s actions against its officers, including the summoning of five District Collectors in the sand mining case, was leading to “policy paralysis” in the State.
Listing the case for March 20, the apex court directed the Madurai Bench of the Madras High Court to decide Mr. Tiwari’s application for default bail in the bribery case.
The Supreme Court had earlier stayed the criminal proceedings initiated by the Tamil Nadu DVAC against Mr. Tiwari.
Tamil Nadu has alleged that Mr. Tiwari was caught red-handed accepting a bribe of ₹20 lakh from a doctor in Dindigul district.
