New Delhi: The Supreme Court on Thursday refused to vacate the interim stay on the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) investigation against Enforcement Directorate (ED) officer Ankit Tiwari in an alleged bribery case. At the same time, the Court indicated that it is considering transferring the investigation to an independent central agency to ensure a fair and impartial probe.
A Bench headed by Chief Justice of India (CJI) Surya Kant, and comprising Justices V. Mohan and Joymalya Bagchi, was hearing the ED’s petition filed in 2024 seeking the transfer of the investigation from the Tamil Nadu DVAC to the Central Bureau of Investigation (CBI). The Supreme Court had stayed further proceedings arising out of the FIR in January 2024, and that interim protection will continue for now.
During the hearing, Senior Advocate Guru Krishna Kumar, appearing for the Tamil Nadu government, urged the Court to vacate the stay so that the DVAC could continue its investigation. He argued that the probe into serious allegations against an Enforcement Directorate officer had remained stalled and should be allowed to proceed without further delay.
Additional Advocate General P.C. Sen also submitted that the accused officer had allegedly been caught red-handed while accepting a bribe. He contended that the state investigating agency should be permitted to conduct a complete and independent investigation, describing the matter as a serious corruption case involving significant public interest.
While considering these submissions, the Supreme Court referred to the continuing conflict between the Tamil Nadu government and the Enforcement Directorate. The Chief Justice observed that both sides were engaged in an intense legal battle, raising concerns about which agency could command public confidence in conducting an impartial investigation.
The Bench remarked that if the allegations were genuine, they deserved a thorough investigation, but such an inquiry should be carried out by an agency whose neutrality could not be questioned. The Court indicated that it was considering entrusting the case to an independent central agency other than the Enforcement Directorate itself. However, it clarified that no final decision on the issue had yet been taken.
The Supreme Court further made it clear that it would not vacate the interim stay on the DVAC proceedings. Instead, the Bench said it would decide the main matter on its merits. During the hearing, Additional Solicitor General S.V. Raju sought additional time, following which the matter was adjourned.
The Court is now expected to decide at a later stage whether the investigation should be transferred to the Central Bureau of Investigation or another independent central agency. Until then, the interim stay on the Tamil Nadu DVAC proceedings will remain in force.
Earlier, on March 20, 2024, the Supreme Court had granted interim bail to Ankit Tiwari in the case. He was arrested by the Tamil Nadu DVAC in December 2023. The Tamil Nadu government has alleged that Tiwari, along with members of his ED team, threatened several individuals and demanded illegal gratification in exchange for closing or influencing Enforcement Directorate investigations.
According to the DVAC, Tiwari was allegedly caught red-handed in December 2023 while accepting a bribe of ₹20 lakh from a doctor in Dindigul district. The state agency has claimed that the money was demanded in return for providing relief from ED proceedings.
The legal and administrative significance of the case extends beyond the individual allegations against the officer. The Supreme Court’s eventual decision on whether to entrust the investigation to the CBI or another independent central agency is expected to have wider implications for the handling of corruption cases involving officials of central investigative agencies and may establish an important judicial precedent on ensuring impartial investigations in cases involving inter-agency conflict.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
