Supreme Court Proposes Transferring Tamil Nadu Bribery Case Against ED Officer To Central Agency

The Supreme Court on Thursday indicated that it may transfer the investigation into the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) bribery case against Enforcement Directorate (ED) officer Ankit Tiwari to an independent central investigating agency, while making it clear that it would not vacate the stay on the State's proceedings.

A Bench headed by Chief Justice of India Surya Kant was hearing the writ petition filed by the ED in 2024 seeking to transfer the investigation of the bribery case against ED officer from the Tamil Nadu agency to the Central Bureau of Investigation (CBI). In January 2024, the Court had stayed the proceedings in the TN FIR.

Today,  appearing for the State, Senior Advocate Guru Krishna Kumar submitted that the State had moved an application seeking vacation of the stay. "Further proceedings against an ED officer were stayed. We have sought vacation of stay," Kumar submitted.

Tamil Nadu Addl Advocate General PC Sen informed the bench that the officer had been caught "red-handed" and an investigation was necessary.

The Chief Justice, however, suggested that the investigation could instead be entrusted to another central agency.

"Or we hand over investigation to some central agency," the CJI remarked.

The Bench then made it clear that 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 Chief Justice observed. "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 Chief Justice said.

The matter was adjourned based on a request on behalf of Additional Solicitor General SV Raju 

 Case : Directore of Enforcement v. State of Tamil Nadu W.P.(Crl.) No. 23/2024