The practice of frequently filing supplementary charge sheets is erroneous : Supreme Court

• Supreme Court orders Enforcement Directorate (ED)

• Final chargesheet should be filed within 90 days

New Delhi – The Supreme Court, addressing the Enforcement Directorate (ED), has criticised the repeated filing of supplementary chargesheets, labelling it as a wrong practice. “If the investigation agencies use this method to prevent the initiation of trials and to deny bail to the accused, then it is a flawed approach. One cannot indefinitely keep an accused in jail,” the Court remarked. The Court also emphasised that when an accused is arrested, it is necessary to commence the trial. Justice Sanjeev Khanna and Justice Dipankar Datta of the bench commented on the bail application filed by Prem Prakash, the accused in the illegal mining case in Jharkhand.

The Court noted that the accused, Prem Prakash, has been in jail for 18 months.

During this session, the Court also referenced the detention of former Deputy Chief Minister of Delhi, Manish Sisodia, who was arrested by the ED in February 2023 in connection with a liquor scam.

Appearing for the ED in the Jharkhand mining case, Solicitor General S.V. Raju was told by Justice Sanjeev Khanna that the purpose of bail is to ensure no arrest is made until the investigation is complete, otherwise the chargesheet should be filed within 90 days.

Raju argued that if the accused is released, there is a risk of tampering with evidence or witnesses. The Supreme Court expressed dissatisfaction, stating, “If the accused does something like this, then approach us; but keeping an accused in jail for 18 months is not appropriate.