In New Delhi, the Supreme Court voiced its dissatisfaction with the Enforcement Directorate’s approach of withholding default bail from defendants through the submission of supplementary chargesheets, prolonging their detention indefinitely.
A panel comprising Justices Sanjiv Khanna and Dipankar Datta admonished Additional Solicitor General S V Raju, representing the ED, stating, “Persistently filing supplementary chargesheets while the accused remains incarcerated without trial is impermissible. In this instance, the individual has been in detention for 18 months. This is a matter of concern for us.”
The panel observed that the right to bail is enshrined in Article 21 of the Constitution and that Section 45 of the PMLA, which imposes stringent conditions for bail, should not impede the court’s authority to grant bail.
Emphasizing that the purpose of default bail is to prevent arrests until the conclusion of an investigation, the panel criticized the ED’s practice, asserting, “You cannot argue that the trial cannot commence until the investigation is concluded.” The apex court censured this tactic employed by the ED and announced its intention to address the issue.
“In certain instances, we will take action, and we are placing you on notice… Trial must commence upon the arrest of an accused,” Justice Khanna informed Raju.
Highlighting that the petitioner, Prem Prakash, represented by advocate Pai Amit, has been detained for 18 months, the panel questioned the ED’s counsel, “Isn’t this a clear case for bail, Mr. Raju?” Raju responded, citing intriguing legal questions. The panel queried the justification for 18 months of incarceration, stating, “Section 45 does not nullify the right to bail. I have previously ruled on this in the case of Manish Sisodia, affirming that if detention is unwarranted, the court may grant bail,” Justice Khanna remarked.
After hearing the submissions, the apex court scheduled the matter for further deliberation on April 29. The panel will decide, during the next hearing, whether to grant bail to the petitioner or deny it, and requested the ED’s input on legal matters.
These remarks were made by the apex court during the hearing of a bail petition filed by Prem Prakash in connection with an illegal mining case. Prakash is purportedly an associate of former Jharkhand Chief Minister Hemant Soren. He approached the apex court after the Jharkhand High Court refused to grant him bail in the case.
An accused is entitled to default bail when the investigating authorities fail to complete the investigation or file charges within the timeframe stipulated in the Code of Criminal Procedure (CrPC), typically 60 or 90 days. If the investigation is not concluded within this period, the accused may seek default bail.
