The Court’s Rebuke
The Court’s Rebuke
(Source: Editorial Page, The Indian Express)
| Topic:
GS2: Governance, Transparency, Judicial Accountability; GS4: Ethics in Public Life |
| Context |
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Key Concerns Highlighted by the Court:
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Arbitrary Investigations: The SC criticized the Enforcement Directorate (ED) for functioning in an unaccountable and arbitrary manner while investigating political opponents.
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Violation of Procedure: The ED reportedly bypassed statutory safeguards, including failure to inform the accused of the grounds of arrest, and delayed furnishing documents.
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PMLA Provisions Misused: The Prevention of Money Laundering Act (PMLA) has seen increasing application in politically sensitive cases, often without adherence to due process.
Significance of the Judgment:
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Judicial Oversight: Reinforces the judiciary’s role in holding investigative bodies accountable, especially in politically sensitive cases.
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Call for Reform: The Court implicitly demands structural reforms within the ED to ensure procedural fairness and protect individual liberties.
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Warning Signal: Indicates that misuse of central agencies can erode public trust and violate democratic norms.
Broader Implications for Governance:
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Transparency in Institutions: Reinforces the need for strong internal oversight mechanisms within investigative agencies.
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Checks and Balances: Upholds the constitutional principle that no institution should function unchecked, even in the name of combating corruption.
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Rule of Law: Reaffirms that even crime control must adhere to legal process and human rights standards.
Conclusion/Way Forward
- Ensure procedural fairness by mandating that investigative agencies strictly follow due process and legal safeguards.
- Strengthen internal accountability mechanisms within agencies like the ED to prevent arbitrary use of power.
- Safeguard institutional independence by insulating investigative bodies from political interference.
- Uphold judicial oversight to act as a constitutional check on executive and institutional overreach.
- Restore public trust in law enforcement by demonstrating transparency, neutrality, and respect for individual rights.
| Practice Question:
“Central investigative agencies must function independently, but also with accountability.” In light of recent Supreme Court observations on ED investigations, discuss the importance of procedural fairness in ensuring justice. (250 words) |
