SC proposes judicial oversight in cases probed by central and state agencies

The Supreme Court on Monday suggested judicial oversight in cases where investigation is sought to be conducted by both state and central agencies like the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).

A division bench of justices Surya Kant and KV Viswanathan suggested that a judicial body could monitor such cases. The bench also verbally observed that ED should be open to such checks and balances rather than shying away from the same.

"Can judicial oversight be introduced both ways, when there are two probes (by state and central agencies), and before coercive steps are taken against state's employees in discharge of their duty," justice Viswanathan verbally remarked. "Should there not be some check or judicial oversight for the sanctity of federalism when you (ED) issue summons? Why shy away?" The bench proposed that the judicial oversight could be put in place before central agencies issue summons to government servants, who may already be under investigation by a state agency.


The development took place during the hearing of a petition filed by ED, seeking transfer of a bribery case slapped against its officer, Ankit Tiwari, from the Tamil Nadu Directorate of Vigilance and Anti-Corruption to CBI. Issuing notice on ED's plea, the bench at the last hearing had directed TNDVAC to not proceed with probe against Tiwari.