New Delhi: The Supreme Court, in a recent hearing, has advocated for the establishment of a mechanism to ascertain whether investigations conducted by the Enforcement Directorate (ED) against officials of opposition-led states are influenced by political vendetta.
The court addressed this issue while considering a petition filed by the central agency, accusing the Tamil Nadu government of withholding information related to corruption cases involving state ministers and officials.
The plea also urged the transfer of a bribery case involving ED officer Ankit Tiwari from the Tamil Nadu Directorate of Vigilance and Anti-Corruption to the Central Bureau of Investigation. Tiwari was arrested in December for allegedly accepting a bribe of Rs 20 lakh from a doctor in Dindigul.
Senior advocate Kapil Sibal and Tamil Nadu Additional Advocate General Amit Anand Tiwari argued that the central government was utilising the ED to target specific non-BJP-ruled states, citing political vindictiveness that undermines the federal structure of the country.
Solicitor-General Tushar Mehta, representing the central agency, countered that the Tamil Nadu government could seek legal recourse if it believed the arrests were politically motivated. He emphasised the statutory mandate under the Prevention of Money Laundering Act (PMLA), requiring the agency investigating the predicate offense to share case details.
The court stressed the importance of free and fair investigations, stating, "Allegations and counter-allegations of political vendetta cannot be evolved as a paradise for those who are corrupt." Justice Surya Kant suggested the formulation of guidelines for a screening mechanism to eliminate apprehensions of political vendetta. The court proposed that the suggested mechanism could be initially tested in Tamil Nadu before extending it to other states.
The ongoing tussle between the Enforcement Directorate and Tamil Nadu involves multiple cases against state ministers and senior government officials.
The central agency had previously arrested Tamil Nadu Minister V Senthil Balaji on June 14 in a money laundering case. The cases have fueled allegations of selective targeting by the ED and have prompted the state government to challenge the agency's summons and investigative actions.
The Supreme Court's call for a mechanism aims to address concerns related to potential political biases in such investigations.