Delhi High Court deletes adverse observations of trial court against ED

The ED appealed the orders dated October 5 and 19, 2024, passed by the trial court while taking cognizance of the ED’s prosecution complaint in the money laundering case.

In the first order dated October 5, the trial court said that the ED’s inquiry into taking sufficient coercive measures to ensure that the prime accused in the case was not wanted indicated “foul play”.

The ED said that the person is absconding and that they are unable to trace him despite all efforts including several calls. The court of first instance concluded that there was enough time to take measures of influence against the accused.

“There is no doubt that arrest and investigation are the exclusive prerogative of the investigating agency, but the manner in which they are conducted must reflect justice and not arbitrariness or capriciousness.” the trial court added while ordering the ED director to submit a detailed report.

In a second order dated October 19, the trial court reversed the ED for failure to file a report.

“All this has a bad effect on ED. Such a haphazard approach on the part of ED is absolutely unacceptable. The ED is showing complete indifference to the observations of this court and the absence of the IO today is sufficient proof of the same,” the trial court added.