Supreme Court raps ED for keeping accused in jail without trial in laundering cases
New Delhi, March 20
The Supreme Court on Wednesday pulled up the Enforcement Directorate (ED) for indefinitely keeping persons accused of money laundering in jail by filing supplementary chargesheets and continuing with the probe, denying them default bail.
“The whole object of default bail is that you do not arrest until the investigation is complete. You cannot say the trial will not commence unless the investigation is complete. You cannot keep on filing supplementary chargesheets and the person is in jail without trial,” a Bench of Justice Sanjiv Khanna and Justice Dipankar Datta said while hearing a default bail plea of Prem Prakash, an alleged associate of former Jharkhand Chief Minister Hemant Soren.
Ex-cm Soren’s ‘aide’ behind bars
- SC pulled up ED while hearing a default bail plea of Prem Prakash, ‘aide’ of Jharkhand ex-CM Hemant Soren
- “In this case, the person is behind bars for 18 months… you cannot deny the benefit of default bail for delayed commencement of trial,” the SC said
Prakash was arrested in August, 2022, following ED raids during which two AK-47 rifles, 60 live rounds and two magazines were alleged to have been found at his Ranchi home. He was booked for offences under the Prevention of Money Laundering Act and the Arms Act.
The Bench took exception to the ED filing four supplementary chargesheets, the last one on March 1, 2024, in a money laundering case arising out of the alleged illegal mining in Jharkhand.
The Bench asked Additional Solicitor General SV Rajuto respond to the questions raised by it within a month and posted the matter for further hearing on April 29.
Alleging that the accused was an influential person, the Additional Solicitor General said he might influence witnesses and tamper with evidence if released on bail.
On behalf of Prakash, advocate Siddharth Agarwal said his name was not there in the initial FIR and no transaction had been found between him and the co-accused.
