NEW DELHI: In a significant observation, the Supreme Court on Thursday said it is considering transferring the DVAC bribery probe against Enforcement Directorate (ED) officer Ankit Tiwari to an independent central agency, while refusing to vacate the stay on the state's investigation.
The Bench of CJI Surya Kant and Justices V Mohana and Joymalya Bagchi was hearing the ED's plea, filed in 2024, seeking to transfer the case from the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to the CBI. In January 2024, the Court stayed the FIR proceedings against Tiwari.
During the hearing on Thursday, Senior Advocate Guru Krishna Kumar, appearing for Tamil Nadu, argued before the apex court that the state wanted the stay to be lifted.
"Further proceedings against an ED officer were stayed. We have sought vacation of stay," he argued.
Additional Advocate General (AAG) PC Sen also submitted that the officer was caught "red-handed" and that the state must be allowed to investigate.
Hearing these submissions, the CJI, however, pointed to the adversarial relationship between the state and the ED.
“The State is fighting against the ED tooth and nail. The question is who should believe the allegations," the CJI said.
He suggested, "we may hand over the investigation to some central agency,” adding that if the allegations are true, “let them be investigated by a central agency. Not the ED, but another."
The Bench also clarified, “We are not going to vacate the stay. We will decide the main case itself.”
The matter was adjourned on Thursday after Additional Solicitor General (ASG) S.V. Raju sought time. The final decision on whether to transfer the probe to the CBI or another central agency will be taken later, while the interim stay on the Tamil Nadu proceedings will remain in place.
On March 20, 2024, the Supreme Court granted Tiwari interim bail in the case, in which he was arrested by the Tamil Nadu DVAC in December 2023.
The Tamil Nadu government has alleged that Tiwari, along with his team of ED officers, had been "threatening several people and receiving bribes" in the name of closing their cases in the ED.
The DVAC arrested him in December 2023 after he was allegedly caught "red-handed" while accepting a bribe of Rs 20 lakh from a doctor in Dindigul district.
