Delhi Court Criticizes ED’s Conduct in Money Laundering Case
A recent ruling by a Delhi court has cast a spotlight on the investigative procedures of the Enforcement Directorate (ED), particularly highlighting the agency’s decision to alter the status of an individual from a witness to an accused in a money laundering case. This sharp critique was issued by Additional Sessions Judge Dheeraj Mor at the Patiala House Court.
Case Background and Court Observations
Originally, Mr. MSA was identified as a witness in an ongoing investigation concerning an alleged siphoning of funds amounting to ₹18.8 crore. However, a subsequent shift in the investigative team led to Mr. MSA being reclassified as an accused, resulting in his arrest. The court found this shift in stance without any new evidence to be particularly troubling.
Judge Mor emphasized the need for objectivity in investigations, stating, “The hallmark of investigation is its objectivity. Subjective interpretation of IO must be deprecated as it would make a supposed objective investigation dependent upon his uncontrolled whims and fancies.” He further described the contradictory actions of the two investigative officers (IOs) as “glaring and disturbing.”
Inquiry and Report Ordered
In response to these findings, the court has mandated the Director of the ED to conduct an internal inquiry into the handling of the case by the two IOs. Judge Mor instructed that a detailed report be submitted within a month, outlining the reasons for the starkly different approaches taken by the officers and identifying any misconduct. The court also sought clarification on the agency’s procedures for overseeing arrests.
Implications of the Court’s Decision
The court’s decision to grant bail to Mr. MSA underscores the judicial concern over potential misuse of power by investigative agencies. The ED had initially filed a prosecution complaint on October 1, 2022, naming eight individuals as accused, with Mr. MSA listed as a witness. Despite this, another chargesheet filed on August 6 this year reversed his status.
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Judge Mor criticized the ED’s subsequent actions, pointing out that the agency had attempted to gather additional evidence post-arrest, which he described as “putting a cart ahead of horse.” He further noted that the IO’s prerogative to arrest must not be exercised arbitrarily, especially when the available evidence remains unchanged.
Calls for Standard Operating Procedures
Given these concerns, the court has asked the ED Director to confirm whether any standard operating procedures (SOPs) are adhered to during arrests. This inquiry aims to ensure consistent and fair application of investigative and arrest powers.
The case saw representation from Special Public Prosecutor Simon Benjamin for the ED, while Mr. MSA was defended by advocates Vaibhav Suri and Saud Khan. The court’s demand for accountability and transparency in the ED’s procedures highlights the ongoing need for oversight in law enforcement practices.
