SC hints probe against ED officer may be shifted to central agency

The Supreme Court on Thursday hinted that it may transfer the probe into a Tamil Nadu Directorate of Vigilance and Anti-Corruption bribery case against Enforcement Directorate (ED) officer Ankit Tiwari to a central investigating agency.

The top court, however, made it clear that it is not inclined to vacate the stay on the state’s proceedings in the case.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was hearing a petition filed by the Enforcement Directorate in 2024 seeking transfer of the investigation from the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to the CBI. In January 2024, the bench stayed further proceedings in the FIR registered by the Tamil Nadu agency.

During the brief hearing, senior advocate Guru Krishna Kumar, appearing for Tamil Nadu, told the bench that the state filed an application seeking vacation of the interim stay. “Further proceedings against an ED officer were stayed. We have sought a vacation of the stay,” the senior lawyer said.

The state agency alleged that the officer was caught “red-handed” and that the investigation should be allowed to proceed.

The bench, however, suggested that instead of permitting the state agency to continue the probe, the investigation could be entrusted to another central investigating agency. “Or, we hand over the investigation to some central agency,” the CJI said. The bench said it was not inclined to lift the interim protection granted earlier. “We are not going to vacate the stay. We will decide the main case itself,” the CJI said.

“The State is fighting against the ED tooth and nail. The question is who should believe the allegations. If the allegations are correct, let them be investigated by a central agency. Not the ED, but another,” the CJI said. The hearing on the plea of the ED was adjourned.