Supreme Court Rebukes ED for Overreach in Chhattisgarh Corruption Case Arrest

Baby Chakraborty, KalimNews, October 22, 2024, Kolkata: In a scathing reprimand, the Supreme Court of India strongly criticized the Enforcement Directorate (ED) for its handling of the arrest of former IAS officer Anil Tuteja in connection with the Chhattisgarh excise corruption case. The court raised serious concerns about the agency's conduct, specifically questioning the legality of the arrest, and accused the ED of overreach in its investigative actions.

The case stems from allegations of large-scale excise corruption amounting to ₹2,100 crore during the tenure of the Congress-led government in Chhattisgarh between 2019 and 2022. The ED, tasked with probing financial crimes, initiated its investigation into the matter. In April 2024, Anil Tuteja, a high-ranking bureaucrat at the time, was arrested as part of the probe.

During a hearing on Monday, the Supreme Court expressed its displeasure over the manner in which the ED conducted the arrest. Referring to Article 21 of the Indian Constitution, which safeguards the right to life and personal liberty, the court reminded the agency that no individual’s fundamental rights should be compromised. "There is something called Article 21," the court firmly stated. "It guarantees a citizen’s right to life and liberty, and the central agency cannot strip someone of these basic rights."

The defense counsel representing Tuteja narrated a series of events that highlighted procedural concerns. According to the lawyer, Tuteja had appeared at the Anti-Corruption Branch (ACB) office in Bengal for questioning on April 20. ED officers, present during the interrogation, issued a summons to Tuteja which was set to expire by noon that day. Given that the period had already lapsed, Tuteja refused to accept the notice. Following this, the ED issued a fresh summons instructing him to report to their office later in the evening at 5:30 p.m.

After enduring a day of questioning at the ACB office, Tuteja was reportedly taken to the ED office where he was interrogated throughout the night. He was arrested in the early hours of April 21, sparking outrage from both Tuteja's legal team and now, the Supreme Court.

The apex court harshly questioned the need for the ED to conduct its inquiry simultaneously with the ongoing investigation by the ACB. "Why did the ED feel the need to intervene during the ACB’s questioning? How can the ED issue a notice in the middle of another agency's inquiry? Such haste is not even seen in cases of terrorism or criminal litigation," the court remarked, calling the ED’s actions a "serious breach."

In response to the court’s blistering critique, the ED maintained that Tuteja had willingly visited their office and was not forced into custody. However, Tuteja's lawyer countered this claim, insisting that the arrest was illegal and demanded his client's immediate bail.

The Supreme Court's reprimand underscores a growing scrutiny of investigative agencies' methods, especially in cases involving high-profile individuals. The court has reserved its final judgment on the bail plea, signaling that the agency’s actions will continue to be under a legal microscope.

The hearing has sparked widespread attention, with many viewing the court’s stance as a reaffirmation of the judiciary's role in protecting individual rights against perceived misuse of power by investigative bodies.