ED cannot keep filing chargesheet to keep the accused in jail: SC

New Delhi: The Supreme Court on Wednesday said it is bothering the court to see the Enforcement Directorate continuing investigation indefinitely, keeping the accused persons in jail without trail, Scroll reported citing Bar and Bench.

A bench of Justices Sanjiv Khanna and Dipankar Datta observed that the ED cannot continue filing ‘supplementary chargesheets’ denying ‘default bail’ to the accused in the cases.

‘The whole object of default bail is that you do not arrest until investigation is complete,” the court was quoted as saying, adding ‘You cannot say trial will not commence unless investigation is not complete. You cannot keep on filing supplementary chargesheet and the person is in jail without trial.’

If the investigators fail to file chargesheet or complete the probe within the time-frame set by the Code of Criminal Procedure, the person under arrest is entitled to default bail, according to the report.

If the investigation is not completed within the period of between 60 days to 90 days, the accused is entitled to seek default bail.

The court pointed out that the agency files supplementary chargesheets to deny default bail to the accused nevertheless investigation is not complete.

The apex court was hearing the bail plea of former Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash when it made the remarks.

Prem Prakash, accused in an illegal mining case, has been in jail for 18 months.

Representing the ED, Additional Solicitor General SV Raju told the court that Prakash may influence the witness and tamper with evidence if he is released.

The court responded to the argument saying: ‘You come to us if he does any of that’.