'We Are Only on the Facts,' Says CJI Gavai on His Remarks Regarding Enforcement Directorate
New Delhi: Chief Justice of India B.R. Gavai on Monday (August 18) stood ground that any adverse comments the Supreme Court made against the Enforcement Directorate (ED) were dispassionate and based entirely on facts, The Hindu reported.
Gavai’s comments came during a hearing regarding the raids on the offices of the Tamil Nadu State Marketing Corporation (TASMAC) as the ED’s counsel contended these comments “percolate” to create a bad impression among the people and within the judiciary.
The Supreme Court had taken up a petition filed by the Tamil Nadu government challenging the ED probe and raids on TASMAC after the Madras high court, in April, had declined to stay the investigation on the corporation.
During the previous hearing, on May 22, the top court had observed that the ED was “crossing all limits” in the way it had acted against the corporation.
“How can a corporation commit an offence? The ED is crossing all limits,” CJI Gavai had asked additional solicitor general S.V. Raju, appearing for the ED.
“You are totally violating the federal structure of the country,” the CJI had remarked.
On Monday, the ED sought to defend itself before the court. The CJI asked Solicitor General Tushar Mehta, who was in the court, if he wished to argue that the court was making unwarranted observations.
Additional Solicitor General S.V. Raju stepped in first, The Hindu reported, to which, CJI Gavai said, “Of course, we don’t hold anything against anyone… we are only on the facts.”
Then, Raju said, “I am sorry to say this… the perception that this court expresses percolates to not only the media but also the judiciary.” Mehta added, “especially the lower courts”.
Senior advocate Kapil Sibal, appearing for the State of Tamil Nadu, then intervened to remark that “the perception (of ED) is out there” in the public domain and “even if the court does not say anything, the perception remains”.
During the previous hearing, the SC had also stayed the proceedings in the money laundering case.
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