On May 5, 2025, the Supreme Court of India sharply criticized the Enforcement Directorate (ED) for a recurring pattern of making serious allegations without presenting adequate evidence. This rebuke came during a bail hearing for Arvind Singh, an accused in the ₹2,000-crore Chhattisgarh liquor scam.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan observed that the ED often files cases under the Prevention of Money Laundering Act (PMLA) without substantiating the allegations with concrete evidence. Justice Oka remarked, “This is a pattern adopted by the ED in a number of cases. You just make allegations without any evidence. The prosecution won’t stand before the court in this manner,” .

The case involves allegations that Singh earned ₹40 crore in collusion with Vikas Agarwal, who is currently absconding. However, the ED could not establish a direct link between Singh and any company related to the alleged earnings. The court questioned the ED’s reliance on WhatsApp chats and other circumstantial evidence without concrete financial documentation.

This criticism aligns with broader concerns about the ED’s track record. Despite registering thousands of cases under PMLA, the conviction rate remains low, with only about 0.52% of cases having completed trial as of January 2023. Furthermore, the ED has faced allegations of political misuse, particularly targeting opposition leaders, raising questions about the agency’s impartiality and effectiveness .

The Supreme Court’s remarks underscore the need for the ED to base its allegations on solid evidence to ensure the credibility and fairness of its prosecutions.

Sources