Discuss the challenges of parallel investigations by the CBI and the ED in corruption cases. Suggest measures to make them coordinated and fair.

In corruption cases, the CBI investigates the predicate offence. The ED separately pursues money laundering under the PMLA, 2002, but it can act only on the proceeds of a scheduled offence [1]. The Delhi High Court recently issued notice to the ED in the IRCTC hotel case against Lalu Prasad, which is built on a CBI FIR [4]. The case shows how this dual track tests both efficiency and fairness.

Challenges of parallel investigations

• Legal dependency: In Pavana Dibbur (2023), the SC held that there is no PMLA offence if the accused is discharged or acquitted in the predicate case, or if that case is quashed [2]. A long PMLA trial can therefore collapse midway.
• Duplication: The same facts are handled by two agencies in two courts. This means double summons, double costs, overlapping evidence and a risk of conflicting findings.
• Liberty concerns: Section 45's twin bail conditions were struck down in Nikesh Tarachand Shah (2017) [3] and later re-enacted. They can make the process itself the punishment.
• Perception of selectivity: Cases against opposition leaders feed allegations of political misuse. Several states have withdrawn general consent to the CBI, which deepens federal friction.
• Delay: Challenges at the charge stage stall trials. The IRCTC case reached the HC after a trial court order of 10 September [4].
• Institutional silos: The ED (Department of Revenue) and the CBI (DoPT) report to different departments. There is no statutory coordination protocol between them.

Measures for coordination and fairness

• Joint trial: Use Section 44 PMLA, which lets the Special Court also try the scheduled offence [1]. One judge then works from one evidence record.
• Sequencing: The ED should file its prosecution complaint only after the predicate charge sheet. This extends the Act's own rule that attachment requires a predicate complaint already filed [1].
• Coordination protocol: A standing CBI–ED mechanism should share evidence and timelines and avoid repeat summons.
• Speedy adjudication: Revision petitions should be decided within fixed time limits, with dedicated benches for cases against legislators.
• Accountability: PMLA conviction rates should be reported to Parliament every year. Courts should closely check the written reasons recorded for each arrest.

Parallel probes have a place because corruption and laundering are distinct harms. However, their present design invites duplication and misuse. Joint trials, sequenced filing and time-bound judicial review can make the dual track serve the rule of law under Articles 14 and 21 instead of harassment. This would strengthen India's anti-corruption framework while protecting personal liberty.