Daijiworld Media Network – New Delhi
New Delhi, Mar 21: The Supreme Court has raised concerns with the Enforcement Directorate (ED) regarding the practice of filing supplementary charge sheets to prevent accused individuals from obtaining default bail and keeping them in jail indefinitely. Justices Sanjiv Khanna and Dipankar Datta expressed discomfort with this approach, emphasizing that the purpose of default bail is to refrain from arresting an accused until the investigation is complete. They noted that keeping individuals in jail without trial, especially for extended periods, is troubling.
Under current laws, an arrested individual is entitled to default bail if the investigation or filing of a final charge sheet exceeds certain timelines specified by the CrPC, typically 60 or 90 days, depending on the case. The court previously made a similar observation in April last year, highlighting that depriving an arrested accused of default bail by delaying the investigation is unjust.
This critical observation by the court could have implications for several high-profile figures, including opposition political leaders who have been arrested by the ED and are facing multiple charges and charge sheets without progressing to trial.
The court made these remarks during a bail plea hearing for an accused linked to an illegal mining case in Jharkhand. The accused, Prem Prakash, an alleged aide of former Chief Minister Hemant Soren, was arrested last month by the ED on money-laundering charges. Despite concerns raised by the ED about potential evidence tampering if Prakash were released on bail, the court highlighted his prolonged detention of 18 months and emphasized the right to bail under Article 21 of the Constitution.
The court referenced the case of senior AAP leader Manish Sisodia, arrested by the ED in February 2023, and reiterated the importance of default bail even in cases where there is delay in trial proceedings.
These observations come amidst allegations by the opposition that central agencies like the ED and CBI target political rivals of the ruling BJP, particularly before elections. However, the BJP has dismissed these allegations, asserting that these agencies operate independently to combat corruption.
In the case of Prem Prakash, the court declined interim bail but agreed to hold proceedings for a month to monitor the progress of the trial, which will now be conducted daily.