The Delhi High Court has expunged certain negative comments made by a trial court against the Enforcement Directorate (ED) and its Investigating Officer in a notable money laundering case. These comments were deemed unfounded and inappropriate by the High Court, with potential to unfairly affect the official records and careers of the individuals involved.
Justice Anup Jairam Bhambhani expressed concern over the impact of such remarks, stating, “Adverse remarks made by a court against government servants can seriously damage their official record and careers, particularly if these remarks are unwarranted or unjustified.”
The challenge brought by the ED arose after the trial court’s criticisms in its October 5 and October 19, 2024 orders, which suggested the ED had not been effective in managing the investigation. Specifically, the trial court had indicated that the ED failed to demonstrate sufficient effort in ensuring the presence of a key accused, hinting at possible “foul play” and a “lackadaisical approach.”
Special Counsel Zoheb Hossain, representing the ED, defended the agency’s diligence and procedural compliance in tracking the absconding accused, which included issuing summons, verifying addresses, and initiating a Look-Out-Circular (LOC) to prevent the accused from leaving the country. Hossain argued that these actions displayed no lack of activity or apathy as suggested by the trial court, and that demanding the personal presence of the ED Director was beyond necessary operational protocol.
The High Court sided with the ED, affirming that the agency’s actions were in line with legal standards and that no adverse conclusions should be drawn from the ongoing absence of the main accused, who had been declared an absconder. The court emphasized that the filing of a charge sheet should not be stalled by such circumstances and underscored that custody of an accused could still be pursued post-charge-sheet filing.
