Supreme Court Flags Uneven Pace of Probes Against Powerful vs Commoners

The Supreme Court on Monday voiced sharp concern over the differential approach of investigating agencies, noting that they often act with alacrity in cases involving ordinary citizens but display hesitation when dealing with persons in authority.

A three-judge Bench, led by Chief Justice of India Surya Kant, made the observation while hearing a petition filed by Sumit Roy, personal assistant to Trinamool Congress MP Abhishek Banerjee, in connection with the Salboni land-grabbing case. The court had earlier stayed Roy's arrest and directed him to cooperate with the investigation.

Senior advocate Gopal Sankaranarayanan, representing Roy, submitted that the Enforcement Directorate's (ED) questioning had largely revolved around his family and political party activities, rather than the alleged offence. "Certainly, at some point, they should get to the offence I have been accused of," he argued.

Solicitor General Tushar Mehta, appearing for the ED, countered that Roy had been confronted and pointed to a ₹2 crore deposit made by him. "Our apprehension is that this deposit in the bank is only a fraction, the tip of the iceberg," Mehta said, pressing for custodial interrogation. He noted that approximately ₹30 crore was transferred to Leaps and Bounds Private Limited, a company linked to Banerjee and under ED scrutiny for alleged financial irregularities.

Justice Joymalya Bagchi, part of the Bench, remarked that the "lesser said would be better" regarding the ED probe into the company. He observed that Calcutta High Court judges had expressed "despair" over the slow pace and lack of intensity in interrogations related to the case.

"In the ordinary prism of criminal investigation, you do not bat an eyelid to pass appropriate directions to enable the investigating agencies. But an additional layer comes in when agencies investigate authorities in respect of overlapping proceeds of crime investigations. They drag their feet on custodial investigation at certain times, and activate themselves at other times," Justice Bagchi said, adding that the clarity and bonafides of the agency suffer in such situations.

The court directed the ED to produce audio and video records of Roy's questioning to verify whether he was confronted about his alleged role in the land-grab case. "Did you ask him who gave him the money; where did he get it; who authorised him; how much was received… Where are those questions? Show us the records," the Chief Justice told Mehta.

The next hearing is scheduled for September 7. Roy's anticipatory bail plea was rejected by the High Court on August 3. The case, registered by Salboni Police, involves charges of cheating, criminal breach of trust, forgery, use of forged documents, and criminal conspiracy. The West Bengal government had opposed bail, arguing that custodial questioning was essential and that earlier attempts were thwarted by the former Chief Minister.