The Supreme Court has raised serious concerns over the Enforcement Directorate's (ED) approach towards filing chargesheets and extending investigations, resulting in the prolonged detention of accused individuals without the provision of default bail. 

This critique comes in the wake of a case involving Prem Prakash, purportedly an associate of former Jharkhand Chief Minister Hemant Soren, accused of involvement in illegal mining and money laundering activities.

The apex court, comprising a bench of Justices Sanjeev Khanna and Dipankar Dutta, sharply rebuked the central probe agency for its practice of submitting additional chargesheets after an incomplete initial filing. 

The court emphasized the fundamental right of an accused to default bail if investigative authorities fail to conclude their inquiry or file charges within the stipulated time frame, typically 60 or 90 days.

"The whole object of default bail is that you do not arrest until the investigation is complete. You cannot say a trial will not commence unless the investigation is not complete. You cannot keep on filing supplementary chargesheet and the person is in jail without trial,” the bench remarked.

Of particular concern to the court was Prem Prakash's 18-month-long detention without trial. The justices highlighted the principle that trial proceedings should begin promptly following an arrest. They underscored that undue incarceration is contrary to the rights enshrined in Article 21 of the Constitution, asserting that Section 45 does not impede the right to be released on bail in such circumstances.

The case had previously been denied bail by the Jharkhand High Court in January 2023, prompting Prakash's appeal to the Supreme Court. The apex court will continue to hear the matter on April 29 to determine whether interim bail should be granted.