Supreme Court against ED: Right to bail cannot be denied; keeping accused in custody without trial cannot be allowed

NEW DELHI: The Supreme Court slammed the ED's method of keeping the accused in jail indefinitely by filing supplementary chargesheets and prolonging the investigation. The court pointed out that detention of the accused without trial is a denial of the fundamental right to liberty.

Prem Prakash, an accused in a money laundering case related to illegal mining in Jharkhand and a supporter of former chief minister Hemant Soren, has been in jail for nearly 18 months. A bench comprising Justices Sanjiv Khanna and Dipankar Dutta was hearing his bail plea. The Supreme Court questioned the ED's stand that the investigation was continuing despite the filing of four supplementary chargesheets. There is a right to bail (default bail) if the charges are not filed within sixty or ninety days depending on the seriousness of the offences.

Detention without trial is tantamount to deprivation of liberty. This was clarified in the case of Delhi Deputy Chief Minister Manish Sisodia. The court directed the ED to reply within one month on the issues raised by them. Prem Prakash's bail plea will be heard on April 29. Appearing for the ED, Additional Solicitor General SV Raju opposed the bail plea.

Prem Prakash was arrested from his house in Ranchi in August 2022. It is reported that two AK 47 guns and 60 bullets were seized. A case has been registered for money laundering and under the Arms Act. The fourth supplementary charge sheet was filed on the 1st of this month.

Answer must be given, trial must be initiated

1. Why is the investigation not being completed?
2. Why are the related charge sheets coming one after the other? It cannot be allowed.
3. The ED cannot say that the trial should not be initiated on the grounds that the investigation is not complete.
4. The trial must begin immediately if the arrest is done

(Observations of the Court)