ED cannot keep persons in jail indefinitely without trial: Supreme Court

The Supreme Court on Wednesday deprecated the practice of Enforcement Directorate (ED) denying default bail to accused persons by filing supplementary chargesheet and continuing the probe thereby keeping such persons in jail indefinitely. .A bench of Justices Sanjiv Khanna and Dipankar Datta said that the practice being adopted by ED of continuing with investigation indefinitely and keeping the accused in jail without trial, was bothering the Court and it will take up the issue. "The whole object of default bail is that you do not arrest until investigation is complete. You cannot say trial will not commence unless investigation is not complete. You cannot keep on filing supplementary chargesheet and the person is in jail without trial. In this case, the person is behind bars for 18 months. This is bothering us. In some case we will take it up and we are putting you to notice in that. Trial has to be begin when you arrest an accused," Justice Khanna told Additional Solicitor General (ASG) SV Raju who was appearing for the ED. .A person who is arrested for an offence becomes entitled to default bail when the investigating authorities are unable to complete the investigation or file a chargesheet/ final report within the timeline laid down in the Code of Criminal Procedure (CrPC).It is usually 60 days or 90 days and if the investigation is not completed within that period, the accused is entitled to seek default bail.However, many a time the investigating authority files supplementary chargesheet to deny default bail to the accused even if the probe is not complete. .The observations today were made by the Court while hearing the bail plea filed by one Prem Prakash in an illegal mining case.Prakash is alleged to be an aide of former Jharkhand Chief Minister Hemant Soren.He is accused of having had huge transactions with his associates, involved in illegal mining and transportation of stone chips. As per the case against him, Prakash acquired proceeds of crime and had laundered the funds of his associates and also used them for personal gains. He was in receipt of huge cash as well as funds through banking channels which have been generated and acquired out of mining activities, it has been alleged.The Jharkhand High Court had denied him bail in the matter in January 2023 leading to the appeal before the apex court..During the hearing of the matter today, the bench noted that Prakash has been behind for 18 months and it is a clear case of bail."It is a clear case of bail Mr Raju. Is it not," the bench asked."There are interesting questions here," ASG Raju said."Interesting okay but the person is behind bars," Justice Khanna remarked. "But evidence tampering," ASG replied. "You come to us if he does any of that. But 18 months in jail," Justice Khanna replied.The Court said that right to bail flows from Article 21 of the Constitution and Section 45 PMLA (which lays down rigorous twin conditions for bail) would not be a fetter for the Court to exercise right to grant bail. "The incarceration is there in this case and section 45 does not take away that right to be released on bail. I have already held this in Manish Sisodia and that if there is undue incarceration then court can grant bail and Section 45 does not come in the way because that right to be released flows from article 21 of the constitution," Justice Khanna remarked.The Court eventually posted the case for hearing on April 29 when it will decide whether to grant interim bail or not.It also directed ED to respond to the legal issues."Some legal issues have been raised. Re list in the week commencing April 29, 2024. In case we are not able to take up the SLP for hearing, the issue whether he should be granted interim bail will be decided on the same day. Time has been granted to ED to reply on legal issues," the Court ordered. Let the trial court proceed expeditiously and preferably on day to day basis, the bench added.