HC dismisses Ankit Tiwari’s criminal revision petition

The Madurai Bench of the Madras High Court has dismissed a criminal revision petition filed by Enforcement Directorate (ED) officer Ankit Tiwari who had challenged the Dindigul Special Court order denying him bail.

The petitioner said he had filed the bail application before the trial court on the grounds of nonfiling of chargesheet by the Directorate of Vigilance and AntiCorruption (DVAC) within 60 days of his arrest. The Special Court for Prevention of Corruption Act Cases dismissed the application on the grounds that the Supreme Court had granted a stay of the probe against Ankit Tiwari on the 55th day from the day of his arrest.

Seeking setting aside of the trial court order, he said he was eligible to seek bail under Section 167 (2) of the Code of Criminal Procedure (default bail).

The State submitted that the chargesheet was ready to be filed. With the Supreme Court ordering the stay, the DVAC could not file the chargesheet. Without a Supreme Court clarification with regard to filing of the chargesheet, it would not be in the interest of justice to decide the default bail of the petitioner, when all along the authorities were ready with the chargesheet.

Justice M. Dhandapani observed that the apex court had permitted the High Court to decide the issue on merits notwithstanding the fact that there was a Supreme Court order of stay of investigation.

The petitioner and the respondent had utilised the opportunity to their advantage but were now at loggerheads and without the Supreme Court clarifying the position with regard to the order passed by it, it would be very much against judicial etiquette to give any order.

Therefore, the parties to the present suit had to get the order clarified from the Supreme Court with regard to the contours within which this court could traverse, the court observed, and dismissed the petition.

Ankit Tiwari was arrested in December last.