Supreme Court Limits ED’s Influence Over Prosecutors in Money Laundering Case

GG News Bureau
New Delhi, 12th Dec. The Supreme Court has clarified that the Enforcement Directorate (ED) and its director may provide instructions regarding the facts of a money laundering case but cannot direct public prosecutors on how to conduct themselves in court. The ruling highlights the independence of public prosecutors as officers of the court and limits the influence of investigative agencies during judicial proceedings.

The court’s observations came during the granting of bail to Zeeshan Haider and Daud Nasir, who were arrested in connection with the Delhi Waqf Board money laundering case. The bench, comprising Justices Abhay Oka and Augustine George Masih, noted their prolonged incarceration and the likelihood of further delays in the trial.

The bench specifically addressed a trial court’s directive, which instructed the ED director to issue instructions to prosecutors not to oppose bail applications due to trial delays caused by the agency. The Supreme Court ruled that while the ED may instruct prosecutors about the facts of the case, it cannot direct them on court conduct, affirming the independence of public prosecutors.

The court further clarified that prosecutors are not restricted from opposing bail if the trial delay is not caused by the ED, thus reinforcing their duty to act impartially. Justice Oka described the trial court’s directive as “drastic,” but emphasized the obligation of public prosecutors to act fairly and transparently in accordance with established legal precedents.