RANCHI: The Jharkhand High Court on Wednesday ordered a Central Bureau of Investigation (CBI) inquiry into an FIR lodged by a drinking water scam accused, Santosh Kumar, against Enforcement Directorate (ED) officials.
After hearing arguments from both sides, the Court of Justice Sanjay Kumar Dwivedi had earlier reserved the order, which was delivered on Wednesday.
This decision is considered to be a major blow to the Jharkhand government and the Ranchi Police.
The ED had filed a petition seeking to quash the FIR filed against its officials at the Airport Police Station and launch a CBI investigation for an impartial probe.
The court, while declining to quash the FIR lodged against the officers, concluded that the circumstances surrounding the case demanded an independent investigation by a central agency to ensure fairness and maintain public confidence in the justice system.
The court also observed that the matter has arisen in the backdrop of sensitive corruption and money-laundering investigations being conducted by the Enforcement Directorate in Jharkhand.
The court observed that when two investigative agencies appear to be in conflict, and allegations are made against officers of a central enforcement body, the credibility of the investigation becomes a critical concern. In such circumstances, the court said, entrusting the probe to an independent agency becomes necessary to remove doubts regarding bias or influence.
However, considering the circumstances of the case, the Court deemed it appropriate to transfer the investigation to the Central Bureau of Investigation.
"Jharkhand police has acted in haste as discussed herein above, which prima facie suggests that on the instruction of the high-ups, the police has acted so. The investigation is required to be done fairly. The said allegation is made against the Central Government Agency ... In that view of the matter, the Court finds that there is an exceptional circumstance to hand-over the matter to the CBI,” stated the court order.
Notably, the ED had filed a writ petition in the Jharkhand High Court against the raid conducted by Ranchi police at its office January 15, 20026. In its petition, the central agency sought a probe by the CBI into the entire episode, alleging improper police action.
The ED submitted that the FIR was a false and pre-planned attempt to obstruct and derail a money-laundering investigation, including a case linked to the alleged misappropriation of around Rs 23 crore in the drinking water sector.
According to the ED, the informant Santosh Kumar—an employee of the Drinking Water and Sanitation Department—had voluntarily appeared at the ED office without any summons and later lodged allegations of assault and harassment.
The agency maintained that its officers were acting in good faith and cited statutory protection under the Prevention of Money Laundering Act (PMLA).
Kumar accused ED officials of misconduct, custodial harassment and physical assault during interrogation.
Based on his complaint, a case was registered at the Airport Police Station in Ranchi.
Subsequently, on Thursday morning, a police team reached the ED’s zonal office and carried out a search operation. The police remained at the premises for several hours and questioned officials who were present at the time of the alleged incident.
The court has granted time to the informant, the State government and the Union of India to file their responses. The matter will be heard next on February 9, and the interim protection granted to ED officials will continue till then.
The case has triggered a sharp face-off between the state police and the central investigative agency, with further legal proceedings now awaited following the High Court’s interim order.