ED cannot dictate public prosecutors’ court actions: SC
New Delhi (PTI): The Supreme Court has said the Enforcement Directorate and its director may provide instructions related to the facts of a money laundering case but they cannot direct their prosecutors on how to conduct themselves in court.
The top court ruling underscored the independence of public prosecutors as officers of the court and limits the influence of investigative agencies in judicial proceedings.
The observations were made in an order by a bench of Justices Abhay Oka and Augustine George Masih on Wednesday while granting bail to Zeeshan Haider and Daud Nasir, who were arrested in connection with the Delhi Waqf Board money laundering case.
The bench took note of their prolonged incarceration and believed that the trial would not begin in the near future.
The bench clarified the limits of the ED’s authority over public prosecutors while addressing a trial court's directive that the director of the anti-money laundering probe agency issue instructions to prosecutors not to oppose bail applications in cases where trial delays were caused by the agency.
“We may also note here that the Enforcement Directorate and its director can give instructions to public prosecutors on facts of the case. However, the Enforcement Directorate or its director cannot give any instructions to the public prosecutor about what he ought to do before the court as an officer of the court,” the bench said.
The bench said the trial court order should not restrict public prosecutors from opposing bail in situations where trial delays are not the fault of the ED.
“This observation will not prevent public prosecutors from opposing a bail petition on the grounds that acts or omissions on the part of the Enforcement Directorate are not responsible for the delay of trial,” it said.
The trial court had earlier criticised the ED for causing delays in the trial while granting bail to another accused, Kausar Imam Siddiqui, in the same case.
Justice Oka described the trial court's earlier directive to the ED’s director as “drastic” but acknowledged that public prosecutors must act fairly and transparently.
“It is well settled that the public prosecutor has to be fair. If a case is covered by a binding precedent, it is his duty to point out the same to the court. Perhaps the learned special judge intended to say that when the public prosecutor is satisfied that the trial has been delayed on account of default or conduct on the part of the Enforcement Directorate, the public prosecutor should take a fair stand,” the bench said.
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Karnataka: GBA city corporation polls likely between June 14 and 24
Bengaluru (PTI): Karnataka State Election Commissioner G S Sangreshi on Friday said elections to the five city corporations under the GBA will be held anytime between June 14 and June 24.
He said the exact date for the polls will be announced after a week, asserting that the power to postpone the elections, as requested by GBA authorities, lies with the Supreme Court.
The Supreme Court had directed the Karnataka government and the State Election Commission to conduct Bengaluru local body elections by June 30.
On Friday, the SEC held a consultation meeting with the GBA Chief Commissioner and commissioners of the five city corporations regarding the election schedule, as per the provisions of the GBA Act.
“During the meeting, I informed GBA officials that only the election date has to be fixed, as all other measures and formalities for conducting the polls have already been completed,” Sangreshi said.
“They requested the Commission to consider factors such as rains, exams, census work, SIR, and manpower shortages while fixing the date and sought additional time,” he added.
Speaking to reporters after the meeting, he said, “I told them this meeting was not for seeking time. Elections to the five corporations under the GBA must be held before June 30, as directed by the Supreme Court, and a compliance report must be submitted to the court. I do not have the power to postpone the elections as requested.”
The Supreme Court has already given a “final opportunity,” and both the SEC and the government must comply with its directions, the State Election Commissioner said.
He asked GBA officials to suggest suitable dates between June 14 and June 24.
“While stating that they are ready for elections, the officials highlighted operational challenges, including manpower shortages. However, I have informed them that the elections will have to be held between June 14 and June 24. After a week, I will announce the final date,” he said.
Reiterating that he does not have the power to postpone the elections, Sangreshi said the authority rests with the Supreme Court, and elections must be conducted as scheduled.
“We have consulted the GBA as per the rules. It is up to them to suggest a date within the given window. If they need more time, they must approach the court. Our responsibility is to fix the date and complete the polls before June 30,” he said.
The matter regarding manpower and other concerns raised by GBA officials is already before the Supreme Court, and the State Election Commission has also filed a petition in this regard. The case is yet to be heard.
“Since the matter has not come up for hearing, the earlier order remains binding. Therefore, preparations are underway,” he added.
The tenure of the previous elected body under the erstwhile Bruhat Bengaluru Mahanagara Palike (BBMP) ended on September 10, 2020, and since then, a government-appointed administrator has been managing its day-to-day affairs.
Bengaluru was divided into five municipal corporations—Central, East, West, North, and South—under the Greater Bengaluru Authority in September 2025, replacing the BBMP.
Sangreshi had earlier said that elections to the five corporations would be conducted using ballot papers instead of Electronic Voting Machines.
This follows the Congress government’s decision last September to recommend the use of ballot papers in all future panchayat and urban local body elections, citing concerns over declining public confidence in EVMs.
The state government subsequently enacted the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Act, 2026, paving the way for the use of ballot papers in local body elections.
