In a significant hearing, the Supreme Court emphasized the necessity of maintaining a balance between the central and state agencies in investigations. This comes in the backdrop of the Enforcement Directorate (ED) seeking a transfer of a bribery case against its officer, Ankit Tiwari, to the Central Bureau of Investigation (CBI). Tiwari was apprehended by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) on charges of accepting a bribe.
Justices Surya Kant and Ujjal Bhuyan, presiding over the matter, highlighted the intricacies of federal dynamics. They pointed out that while a state’s autonomy to investigate is crucial, unchecked powers could potentially lead to a constitutional impasse, particularly if central government officials are targeted by local authorities without substantial grounds.
“The hypothetical scenario where state agencies could arbitrarily detain central government officials poses a threat to our federal structure and could precipitate a constitutional crisis,” remarked Justice Kant during the proceedings.
Despite acknowledging these concerns, the bench also recognized the rights of the accused to a fair investigation, asserting that negating state police’s authority in their own jurisdiction is equally undesirable. “We aim to formulate a judicious approach that respects the autonomy of both central and state investigative agencies,” the bench stated.
Further complicating the matter is the almost complete investigation by Tamil Nadu’s DVAC, as informed by the state’s counsel. According to him, Tiwari was caught red-handed while accepting a bribe of Rs 20 lakh. However, the chargesheet has been delayed due to the ongoing Supreme Court deliberations.
The case has stirred discussions about establishing a uniform, transparent mechanism for handling cases that involve officials from central agencies and different state entities, to avoid political misuse of investigative powers.
Adding another layer to the controversy, the ED has accused Tamil Nadu vigilance officers of overstepping their boundaries by raiding its zonal office in Madurai and unlawfully seizing case files—a claim countered by the DVAC’s assertion of finding incriminating documents during their search.
The Supreme Court has scheduled the next hearing for January, where it expects to address these complex issues thoroughly. Meanwhile, Tiwari remains on interim bail granted by the court on March 20, awaiting further proceedings in this high-stakes legal battle that tests the delicate balance of power within India’s federal structure.
