The ED had contested the State Police’s power to arrest and prosecute a Union government employee. File
| Photo Credit: The Hindu
The Supreme Court on Friday (November 30, 2024) said it is important that State Police forces retain their identity in a federal structure but also not cross the Rubicon and be used as a “dangerous” weapon against the Union government.
A Bench of Justices Surya Kant and Ujjal Bhuyyan was hearing a petition filed by the Enforcement Directorate on the arrest of their officer, Ankit Tiwari, who was arrested by the Tamil Nadu Police on bribery charges.
The ED had contested the State Police’s power to arrest and prosecute a Union government employee. The agency had argued that Mr. Tiwari was only a scapegoat, and his arrest was driven by political vendetta following ED’s action against top Ministers and politicians in sand mining cases.
The State, in turn, had countered that the arrest was after they caught Mr. Tiwari “red-handed” taking a bribe of ₹20 lakh from a doctor in Dindigul. He had tried to flee the scene, but was trapped and arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC).
Senior advocate Kapil Sibal and Tamil Nadu Additional Advocate General, senior advocate Amit Anand Tiwari, had countered that the Centre was using the ED to “target” only certain non-BJP ruled States. They said the federal structure of the country had been jeopardised by the political vindictiveness on display.
Faced with these allegations and counter-allegations, the top court had decided to examine the question whether allegations of misconduct against Central officers could be investigated by State authorities.
“In a federal structure, each and every component retains its identity. It will create a problem if State starts arresting Central officers always… There are different scenarios. In some cases, States would have to immediately take action. In some, it would be a problem if States go about arresting Central officers… It is very dangerous if States always have the power and it is also very dangerous if States never have the power…” Justice Kant observed orally.
Justice Kant, however, made it clear that an accused person, on the other hand, cannot choose who would investigate him. “He (Tiwari) has a right to only a fair investigation,” the judge noted.
The court allowed the ED officer to continue on interim bail and remain with his family in his native Madhya Pradesh or other places. However, he would appear before the investigating agency when called in the case and be present online every day during the trial unless his physical presence was required in the Dindigul court.
Published – November 30, 2024 01:45 am IST
