SC Flags ED’s Low Conviction Rate, Prolonged Detention
The apex court reprimanded the Enforcement Directorate for a low conviction rate of 0.1% and for incarcerating suspects for years without trial, calling it "sentencing without a trial."
- The Supreme Court has again red-flagged the Enforcement Directorate’s low conviction rate, which stands at 0.1% for the first six months of the year.
- A bench led by Chief Justice B.R. Gavai criticized the ED for keeping suspects in jail for years without trial, calling it “sentencing them without a trial.”
- The Solicitor General, Tushar Mehta, defended the agency by citing its recovery of ₹23,000 crore in laundered money.
GG News Bureau
New Delhi, 7th Aug: The Supreme Court has once again red-flagged the Enforcement Directorate (ED), this time questioning the agency’s low conviction rate and its practice of incarcerating suspects for extended periods without trial. The stinging reprimand came during a hearing related to JSW Steel’s acquisition of Bhushan Power and Steel Ltd (BPSL).
A bench led by Chief Justice B.R. Gavai took aim at the agency’s record, citing its conviction rate of 0.1 per cent from 5,892 money laundering cases filed in the first six months of this year. The Chief Justice remarked, “…and even if they are not convicted, you have been successful in sentencing them almost without a trial for years together.”
In its defense, Solicitor General Tushar Mehta acknowledged the low conviction rate but blamed “ills plaguing the criminal justice system.” He also complained of a “narrative being built on YouTube” against the ED, a claim the Chief Justice dismissed, stating that the court does not decide matters based on such influences. Mehta, however, highlighted the agency’s success in recovering ₹23,000 crore in laundered money and distributing it to victims.
The exchange follows a series of criticisms from different Supreme Court benches regarding the ED’s conduct, particularly in cases involving opposition leaders. In March, the government had informed Parliament that the agency’s decadal conviction rate for cases against politicians was just 1 per cent. The opposition has repeatedly accused the ruling BJP of using federal agencies to target and harass political rivals, a charge the government has consistently denied.
