Supreme Court Issues Warning to ED Over Prolonged Detention Without Trial

The Supreme Court of India has issued a stern warning to the Enforcement Directorate (ED) regarding the prolonged detention of individuals without trial. The rebuke came during a hearing of a bail application by Prem Prakash, an associate of former Jharkhand Chief Minister Hemant Soren, who has been in custody since August 2022.

Justices Sanjiv Khanna and Dipankar Datta, who presided over the bench, expressed concern over the ED's practice of filing multiple supplementary chargesheets, which has resulted in extended detentions without trial. 

The case in question involves allegations of illegal mining in Jharkhand, leading to charges of money laundering and violations of the Arms Act against Prakash.

The bench emphasized the importance of completing investigations before arrests and starting trials promptly after arrests to uphold the principle of liberty. "The law does not permit indefinite detention without trial, which essentially amounts to detention," the bench stated, as reported by PTI.

Justice Khanna further clarified the purpose of default bail, asserting that it should not be denied due to delayed trials or continuous filing of supplementary chargesheets. The bench also referenced the case of Manish Sisodia, former Deputy Chief Minister of Delhi, underscoring the court's position on granting bail in cases of undue trial delays, as protected under Article 21 of the Constitution.

The court has given the ED a month to respond to its queries and scheduled the next hearing for April 29. Advocate Siddharth Agarwal, representing Prakash, argued that his client was not implicated in the initial FIR and that there was no evidence of transactions between him and the co-accused.