Drawing flak from the Supreme Court over its handling of cases, the ED on Monday sought to defend itself and said the court’s opinion percolates not only through the media but also the judiciary.
A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria was hearing an appeal by the Tamil Nadu government challenging raids by ED in the offices of state-run liquor retailer Tamil Nadu State Marketing Corporation (TASMAC) in connection with a money laundering probe in March 2025. The Madras HC had, in April, declined to stay the probe and consequent raids.
The CJI said if he said something about ED, Solicitor General Tushar Mehta, who was in the court, would argue the court was making unwarranted observations. Additional Solicitor General S V Raju, representing ED, said, “I am sure I can convince this court about ED.” To this, the CJI said, “Of course, we don’t hold anything against anyone… we are only on the facts.” Raju remarked, “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, who appeared for the state government, said the perception is there irrespective of what the court may say. “You say or no, the perception is there,” he said.
On May 22, CJI Gavai presiding over a three-judge bench had chided the agency saying it was “crossing all limits” and “violating the federal structure”. The SC also stayed the proceedings in the money laundering investigation.
CJI Gavai pulled up ED while hearing two other cases on July 21. He asked ED “why it wants to be used… for political battles” and its “officers are crossing all limits”. Solicitor General Tushar Mehta staunchly opposed the remarks against ED contending “there is a concerted effort to create a narrative against an institution”.
