Supreme Court Refuses to Interfere in Reliance ADAG Probe, Allows CBI and ED to Lead
The Supreme Court on Monday declined to question the investigative agencies' choice of arrests in the financial fraud case against the Reliance Anil Dhirubhai Ambani Group (ADAG) and its promoter Anil Ambani, allowing the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) to steer the probe.
A three-judge Bench headed by Chief Justice of India Surya Kant exercised restraint even as the petitioner's side highlighted that only 'low-level' officers had been arrested so far. Appearing for petitioner E.A.S. Sarma, advocate Prashant Bhushan termed Mr. Ambani 'the kingpin' but clarified he was not demanding his arrest. Instead, he sought disclosure of the agencies' findings on Mr. Ambani's role. The allegations involve losses of over ₹20,000 crore to public sector banks.
Chief Justice Kant remarked that any comment by the Supreme Court during an ongoing investigation, even unintentionally, could impact the trial. Solicitor General Tushar Mehta, representing the agencies, stated that three chargesheets had been filed in seven cases, with others under investigation. The ED had filed four separate prosecution complaints.
Mr. Mehta refuted the claim that only low-level officers were arrested, calling it a factual inaccuracy. He emphasized the agencies' discretion to decide when and whom to arrest, adding that as a public prosecutor, he could not comment further on operational aspects.
Senior advocate Kapil Sibal, appearing for Mr. Ambani, argued that constitutional courts must not interfere once a chargesheet is filed, allowing trial courts to exercise judicial discretion. He accused the petitioner of having a single agenda—to secure an arrest.
The court permitted the agencies to file status reports. In a previous hearing, the top court had stated that arrest must be a last resort. Mr. Sarma had sought a court-monitored investigation with emphasis on the role of bank officials. The Solicitor General had earlier submitted that a forensic audit revealed 'siphoning of funds' and that the State Bank of India had lodged an FIR with the CBI following a Reserve Bank of India directive.
