ED Moves Supreme Court Seeking Transfer Of Bribery Probe Against Its Officer From Tamil Nadu DVAC To CBI

In a significant development on Wednesday (January 24), the Enforcement Directorate (ED) has petitioned the Supreme Court for the transfer of an investigation into bribery allegations against its officer, Ankit Tiwari, from the Tamil Nadu Vigilance and Anti-Corruption Department (DVAC) to the Central Bureau of Investigation (CBI).The move comes after Tiwari was reportedly apprehended red-handed by the Tamil Nadu police, allegedly receiving a bribe of 20 lakhs from a state government employee.The ED, in its writ petition filed under Article 32 of the Constitution, has alleged the non-cooperation of the state government, pointing to the impediments faced in accessing relevant First Information Reports (FIRs) and essential materials necessary for fulfilling its obligations under the Prevention of Money Laundering Act (PMLA). It is unable to carry out investigations due to the deliberate non-disclosure of information regarding scheduled offences by the State of Tamil Nadu, the central agency has claimed. Sharing FIRs and related evidence with it is essential once a scheduled or predicate offence is registered by the state police, the petition asserts.The petition has outlined alleged instances of non-cooperation by the State of Tamil Nadu, such as the government's selective uploading of FIRs in the public domain, categorising some as 'sensitive' without clear definitions. The ED has claimed that such actions, purportedly under the guise of sensitivity, allow the state government to arbitrarily control the information accessible to the public and law enforcement agencies, including the ED.In a bid to establish a pattern of obstruction by the Tamil Nadu authorities, the central agency has drawn attention to the alleged interference of the state government in a probe into a money laundering case related to illegal sand mining amounting to over Rs 4700 crores. It termed Tamil Nadu's writ petition filed in the Madras High Court seeking restrictions on the agency's authority to investigate offences within the territorial limits of a state without the state government's consent as an attempt to curtail the ED's powers, which are contrary to the principles of federalism and separation of powers.Furthermore, the ED raised concerns about a controversial search conducted at its Madurai office on December 1, 2023. The petition alleges that unidentified individuals, accompanied by DVAC officials, accessed sensitive investigation files unrelated to the bribery case for which the search was purportedly conducted. In its latest petition, the ED has accused the state machinery of employing such actions to obstruct its lawful investigations against powerful individuals, including ministers and government servants.In light of these alleged hindrances, the Enforcement Directorate has sought the intervention of the Supreme Court, requesting a transfer of the bribery case against Ankit Tiwari to the Central Bureau of Investigation. In defence of this request, the petition has not only stressed the necessity for a fair and impartial investigation, but also expressed apprehensions that the DVAC's motives might be to undermine the morale of other ED officers and impede PMLA investigations in Tamil Nadu. Last month, the Madras High Court denied Tiwari's request for bail. The ED officer is currently in custody.Case DetailsDirectorate of Enforcement v. State of Tamil Nadu

ED Moves Supreme Court Seeking Transfer Of Bribery Probe Against Its Officer From Tamil Nadu DVAC To CBI

Awstika Das

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