Balance between many aspects is necessary… Supreme Court said in the case of arrest of ED officer

New Delhi: The Supreme Court stressed the need to strike a balance between various aspects in cases in which officials of central agencies are being investigated by the state police. The court is hearing a petition by the ED, in which the agency had requested to hand over the investigation of a case against its officer Ankit Tiwari to the CBI.

ED officer arrested

Tiwari was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption or DVAC for allegedly taking bribe. A bench of Justices Surya Kant and Ujjal Bhuiyan said that the federal structure should ensure that each component retains its own identity and jurisdiction. Referring to a hypothetical situation, the bench said that if a state arbitrarily decides to arrest central government officials, ‘it could lead to a constitutional crisis.’

‘This is dangerous for the federal structure’

The bench said that in such a situation, if it is said that the state will have exclusive power to arrest, then it can be dangerous for the federal structure. However, it also said that it would not be right to deny the state police the right to investigate the case within its jurisdiction. We will consider the arguments of both sides to strike a balance between these aspects.

‘The accused has the right to a fair investigation’

The court said that the accused does not have the right to express his/her views in the investigation but he/she has the right to a fair investigation. The lawyer appearing for Tamil Nadu told the bench that Tiwari was caught red-handed taking bribe and the investigation in the case was almost complete. he/she argued that the police have not yet filed the chargesheet as the apex court is considering the ED’s plea.

What is the whole matter?

The bench listed the case for hearing in January. The apex court had granted interim bail to Tiwari on March 20. Tiwari, an officer posted in the ED sub-regional office in Madurai, was arrested on December 1, 2023 while accepting a bribe of Rs 20 lakh from a Tamil Nadu government official. The ED had filed a complaint before the Tamil Nadu police chief after Tiwari’s arrest, accusing state vigilance officials of forcibly entering the central agency’s regional office in Madurai and stealing case records.

The top court, while hearing the ED’s plea to hand over the case against Tiwari to the CBI, had sought a response from the Tamil Nadu government. ED had told the apex court that it wants a fair and proper investigation in the case.