SC says ED can't act like a crook, must operate within law
This story was originally published at 17:19 IST on 7 August 2025
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NEW DELHI – Expressing concern over the Enforcement Directorate's image due to low conviction rates, the Supreme Court on Thursday said that the probe agency cannot act like a crook and must operate within the law. The apex court was hearing a review petition by Congress Parliamentarian Karti Chidambaram and others against a 2022 judgement in which the court had upheld the wide range of powers of the enforcement agency.
"You (Enforcement Directorate) can't act like a crook. You have to act within the four corners of the law," said Justice Ujjal Bhuyan. Though the enforcement agency has about 5000 Enforcement Case Information Reports, the conviction rate is less than 10%. "We are talking about the liberty of people. We are concerned about the ED's (Enforcement Directorate) image also. At the end of five to six years of judicial custody, if people are acquitted, who will pay for this?” said Bhuyan. The bench also comprises Justices Surya Kant and N.K. Singh.
Additional Solicitor General S.V. Raju, appearing for the Enforcement Directorate, said that one of the reasons for the low conviction rate in money laundering cases was that the rich and powerful use a powerful battery of lawyers and file so many applications. These lawyers don’t allow the trial to take place and delay the proceedings, said Raju.
In 2022, the apex court rejected a batch of petitions challenging the powers of the Enforcement Directorate to arrest and seize property. A bench headed by Justice A.M. Khanwilkar had also upheld multiple provisions of attachment of properties involved in money laundering.
The apex court had earlier said it would examine the Enforcement Directorate's powers to arrest an accused without producing an Enforcement Case Information Report, equivalent to a First Information Report in police cases. The court said it would also examine the principle that under the Prevention of Money Laundering Act, the usual presumption of the innocence of an accused does not apply. End
Reported by Surya Tripathi
Edited by Saji George Titus
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