CJI Flags ED Overreach, SG Urges Judicial Restraint

In a significant remark during a high-profile hearing, Chief Justice of India (CJI) B.R. Gavai noted that the Enforcement Directorate (ED) appears to be "crossing all limits," sparking a sharp exchange in the Supreme Court on Monday. The comment came during proceedings in a suo motu case concerning ED summons issued to senior advocates Arvind Datar and Pratap Venugopal over legal advice provided to a client.

The CJI's concerns were raised in the presence of Justice Vinod Chandran, who was also part of the Bench. In response, Solicitor General Tushar Mehta strongly urged the court to refrain from making sweeping statements about the ED’s actions. According to Mehta, such remarks could intensify efforts outside the courtroom to portray the agency in a negative light, especially in politically sensitive matters.

Mehta emphasized the importance of judicial caution, noting that “generalized observations” often feed into a narrative-building trend that could undermine ongoing investigations and the agency’s credibility. He maintained that every case should be considered on its individual merits, without overarching judgments that may be interpreted beyond the courtroom context.

This exchange reflects growing tensions between the judiciary and central investigative agencies, especially in the context of political and legal accountability. As the ED continues to operate in high-stakes cases, the judiciary’s scrutiny and the government's defense highlight the delicate balance between institutional oversight and operational autonomy.