07 Aug, 2025
Supreme Court Criticizes Enforcement Directorate for Prolonged Detention Without Conviction
New Delhi | August 7, 2025
The Supreme Court of India has raised serious concerns over the Enforcement Directorate’s (ED) approach of detaining accused individuals for extended periods without securing convictions, during hearings related to the Bhushan Power & Steel Ltd. (BPSL) insolvency case.
A three-judge bench headed by Chief Justice B.R. Gavai, along with Justices Satish Chandra Sharma and Vinod Chandran, expressed dissatisfaction with the ED’s record of keeping people behind bars for years while trials remain pending.
The Chief Justice observed:
“Even though many of these accused are not convicted, the system has effectively kept them in jail without trial for years.”
This pointed critique highlighted the potential misuse of prolonged pre-trial detention as a de facto punishment.
The bench directly questioned the ED’s conviction rate in cases it handles. The Solicitor General, representing the Committee of Creditors, acknowledged the challenges in securing convictions and suggested that sometimes it was surprising when accused persons were acquitted.
The Court’s underlying message was clear: justice should not be compromised by delays or extended incarceration without due adjudication.
Why the Supreme Court’s Observations Are Important
• Balancing Investigations with Rights: The remarks emphasize the necessity for investigations and enforcement actions to respect fundamental rights, especially the right to a timely trial.
• Highlighting Trial Delays: Extended pre-trial detention without conviction amounts to a denial of fair justice and must be avoided.
• Accountability of Enforcement Agencies: Agencies like the ED must be mindful of their conviction records and the implications of prolonged detentions.
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