ED Is Not a Supervisory Authority Over the State Who Investigated the Case: Bombay HC

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A Single Bench of Bombay High Court has ruled that the Central government’s Enforcement Directorate has no supervisory authority over the State Police.

The Decision came while rejecting the plea by the Enforcement Directorate (ED) to intervene in the cheating case filed by a travel agency named Akbar Travels against Jet Airways (India) and its directors Naresh Goyal and Anita Goyal. The petition alleged that the respondent has caused a loss of Rs. 46 Crores.

In the present case, the Magistrate is yet to pass orders on the closure report. The court said that it is upon the magistrate to hear both the parties and decide whether to accept the closure report or direct for further investigation

The Single Bench led by Justice Revati Mohite Dere observes,

Each investigating agency is expected to investigate the case fairly and submit its report. No investigating agency can claim supervisory jurisdiction over the other.”

The Enforcement Directorate was represented by Additional Solicitor General Anil Singh. He said,

No doubt, the informant/complainant is entitled to notice and to be heard. Nonetheless, the Apex Court has also recognized the right of an injured/interested/aggrieved person to be heard.

As per Mr. Singh, ED would fall in the category of victim/ aggrieved/ interested person and therefore they have the locus to be heard by the Magistrate before any order is passed on the closure report. The judge said that by no stretch of the imagination can ED be construed to be a victim or an aggrieved/injured/interested person, thus entitling them to be heard before the Magistrate decides whether the closure report, filed by the Maharashtra police, ought to be accepted or not.

Later, the closure report by the MRA Marg Police station was accepted by the local court saying that no evidence was found against Jet Airways.


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