An ED officer was arrested by the Tamil Nadu DVAC on 1 December last year for allegedly accepting a bribe from a Dindigul-based doctor.
Published Jan 25, 2024 | 3:27 PM ⚊ Updated Jan 25, 2024 | 3:28 PM
Supreme Court of India. (iStock)
The Supreme Court on Thursday, 25 January, sought a response from the Tamil Nadu government on a plea by the Enforcement Directorate (ED) seeking the transfer of the probe in a case against its officer Ankit Tiwari to the CBI.
Tiwari was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) on 1 December last year for allegedly accepting a bribe from a Dindigul-based doctor.
A bench of Justices Surya Kant and KV Viswanathan issued notice to the Tamil Nadu government and sought its response in two weeks.
The bench asked the Tamil Nadu Police to produce before it, on the next date of hearing, the materials collected in the bribery case.
This came after Solicitor General Tushar Mehta, appearing for the ED, alleged that files pertaining to the investigation against ministers were taken away.
Justice Kant asked senior advocates Kapil Sibal and Amit Anand Tiwari, appearing for the Tamil Nadu government, to not proceed with the investigation in the bribery case till the next date of hearing of the matter.
When the bench asked Mehta whether the ED had also booked the officer accused of taking the bribe, the law officer replied in the affirmative and said the agency also wanted to investigate him.
“Ok, you (ED) also don’t proceed in the case,” Justice Kant said as he asked both the Tamil Nadu government and the ED to suggest a mechanism for investigation in the federal structure of the country.
“We don’t want criminals in genuine cases to go scot-free amid the allegations and counter-allegations over the investigation in the federal structure,” the bench said.
Justice Viswanathan said, “This is just the starting. If this happens in different states where ED officers are posted, what will happen to this country? You have to suggest best practices so that a mechanism could be evolved for investigation in our federal structure.”
The bench also pulled up the Tamil Nadu government for not sharing FIRs with the ED, saying FIRs should have been uploaded on the website of police.
The ED, in its plea, also sought a direction to the Tamil Nadu government to appoint a nodal officer for sharing with it all FIRs registered in the state as regards scheduled offences under the Prevention of Money Laundering Act (PMLA).
On 1 December, 2023, the ED officer was arrested by the DVAC of the Tamil Nadu government for allegedly demanding and accepting a bribe of ₹20 lakh from a government employee, a Dindigul-based doctor.
After his arrest, the DVAC searched the ED’s sub-zonal officer at Thabal Thanthi Nagar in Madurai. Tiwari’s residence was also searched.
According to the DVAC officials in Dindigul, the doctor approached it saying that an ED officer had been demanding a bribe of ₹20 lakh for excluding him from a case under the PMLA.
Based on the DVAC’s instruction, the doctor handed over the money to Tiwari at a pre-decided place on 1 December morning. On receiving the money, Tiwari reportedly promised to drop the case against the doctor.
Later, DVAC officers led by Deputy Superintendent of Police DSP Nagaraj and Inspector Palanisamy intercepted Tiwari’s car bearing the registration number MP 04 EA1876 near the Chinnalapatti toll gate on the Madurai-Dindigul National Highway and seized money from his possession.
Tiwari was later taken to the DVAC’s office in Dindigul, where his arrest was recorded. DVAC officials said he was booked under Section 7 (a) of the Prevention of Corruption Act of 1988
Palanisamy had told South First then that the ED officer was nabbed based on the complaint from the doctor.
“DSP Nagaraj, the investigation officer (IO) of the case, arrested the ED officer red-handed, and further investigation is on. The ED officer will be produced before the judicial magistrate concerned and remanded,” the officer said.
Tiwari’s car, too, was confiscated. A BE graduate in Information Technology, he joined the ED in May 2018.
Tiwari had previously served in Gujarat and Madhya Pradesh and was transferred to Madurai four months ago.
