The Madurai Bench of the Madras High Court on Friday dismissed the petition that sought the transfer of the investigation into the bribery case, involving Directorate of Enforcement (ED) Officer Ankit Tiwari, to the Central Bureau of Investigation (CBI). The officer was arrested by the Directorate of Vigilance and Anti-Corruption (DVAC) officials recently on the charges of demanding and accepting a bribe amount.
A Division Bench of Justices M. Sundar and R. Sakthivel dismissed the petition filed by J. Vivek of Madurai. The petitioner claimed when a Central government employee was involved in the malpractice, the competent authority to take action was the Central Vigilance Commission and the State had no role. He sought a CBI probe into the matter and also action against the ‘erring officials’.
During the course of the hearing. Advocate General R. Shunmugasundaram and State Public Prosecutor Hasan Mohamed Jinnah representing the State, submitted that the petition does not hold water in the light of well settled principles of law. The State submitted that it was a trap case and the DVAC, notified as a police station, had powers to conduct searches and investigate the matter. No mala fide can be attributed to the search, it was submitted
The court observed that Specific Officers under Section 17 (Persons authorised to investigate) of the Prevention of Corruption Act, 1988, were set out and the mandate was not with regard to the target as to whether it was a Central government officer or a State government officer. In the present case involving Enforcement Officer Ankit Tiwari, it was a trap case. It was clearly a cognisable offence under the CrPC.
The court observed that the Central Vigilance Commission had only supervisory powers and it is not an investigating authority. It does not denude the power of the DVAC or the other authorities.
Referring to the Supreme Court judgments in H. N. Rishbud and A. C. Sharma cases, the court observed that it was clear that the DVAC was not denuded of its powers when it came to a trap case under Prevention of Corruption Act. The question of ‘erring officials’ does not arise at all, the court observed and dismissed the petition.
First class facility Meanwhile, Dindigul Chief Judicial Magistrate Mohana allowed a petition filed by Ankit Tiwari seeking first class facilities in prison. He is currently lodged at the Madurai Central Prison.
