The Hindu - International

SC sends mixed signals as EDStates tussle becomes frequent

- Krishnadas Rajagopal

The past few months have seen States ruled by Opposition parties fight tooth and nail the Directorat­e of Enforcemen­t (ED) in the Supreme Court.

The frequency of the cases has raised questions, both inside and outside the courtroom, as to whether the Central agency and the Prevention of Money Laundering Act (PMLA) are being used by the Union government to harass rival politician­s and State officials ahead of the Lok Sabha election.

The Supreme Court, meanwhile, has sent mixed signals from multiple Benches while dealing with these cases. While one Bench has called for a “neutral mechanism” to sift through cases to check if hidden political vendettas and oneupmansh­ip were at play between the Centre and States, another Bench led by Justice Bela Trivedi prioritise­d the investigat­ing agency, making it clear that States had no choice but comply with the summons of the ED.

The Bench led by Justice Trivedi, while directing four District Collectors in Tamil Nadu to abide by the ED summons in the sand mining case, found the State’s interventi­on to protect the officials both

“strange and unusual”. Justice Trivedi even remarked that the Tamil Nadu government was making “an unnecessar­y issue out of nothing”.

This came when the Madras High Court had recorded a prima facie finding that the agency had no jurisdicti­on to summon the officials. The High Court had summed up ED’s summons as “just an attempt to investigat­e the possibilit­y of identifyin­g any proceeds of crime as a result of any criminal activity, which is not so far registered by the State agencies”.

The States claim that the actions of the ED, often in cases in which the predicate offence is not a scheduled offence under the

PMLA, violate the principles of federalism.

‘Fair mechanism’

In January, a top court Bench led by Justice Surya Kant suggested a “fair and transparen­t” mechanism or body to “look into the interState ramifications, especially when different parties are at the Centre and States, and keep intact the object of punishing the guilty while preventing vindictive arrests”.

In this case, the ED had approached the top court against the arrest of its officer, Ankit Tiwari, by the Tamil Nadu Directorat­e of Vigilance and AntiCorrup­tion in a bribe case. Several ED raids and searches across the State had preceded Mr. Tiwari’s arrest.

Again, in May last year, a Supreme Court Bench headed by Justice (now retired) Sanjay Kishan Kaul had warned the ED against creating an “atmosphere of fear”.

The top court was dealing with a petition filed by the earlier Congress government led by Bhupesh Bhagel in Chhattisga­rh, who alleged that the ED was “running amok” to “implicate” the Chief Minister in a money laundering case linked to a ₹2,000crore liquor scam.

There are also cases in which the Supreme Court has plainly refused to intervene.

When former Jharkhand Chief Minister Hemant Soren moved the Supreme Court challengin­g his arrest on money laundering charges in a land scam case, a Bench led by Justice Sanjiv Khanna asked him to approach the State High Court.

The court did not heed arguments by his lawyers that the Supreme Court had concurrent jurisdicti­on with the High Court.

Similarly, in July 2023, a Bench headed by Chief Justice of India D.Y. Chandrachu­d refused to interfere with a Calcutta High Court order allowing ED to investigat­e Trinamool Congress leader Abhishek Banerjee in the West Bengal teachers’ recruitmen­t scam case. Mr. Banerjee’s lawyers had submitted that such scams were “created to terrorise certain people”. Mr. Banerjee is a nephew of West Bengal Chief Minister Mamata Banerjee.

The Supreme Court trimmed ED’s wings when it dismissed PMLA proceeding­s against Karnataka Deputy Chief Minister D.K. Shivakumar.

 ?? ?? There are also cases in which the Supreme Court has plainly refused to intervene.
There are also cases in which the Supreme Court has plainly refused to intervene.

Newspapers in English

Newspapers from India