The Supreme Court on Friday sought the Centre and the Enforcement Directorate’s (ED) response to a petition filed by Chaitanya Baghel, son of former Chhattisgarh Chief Minister Bhupesh Baghel, challenging his arrest and certain provisions of the Prevention of Money Laundering Act (PMLA) in the alleged liquor scam case.
A bench of Justices Surya Kant and Joymalya Bagchi directed Additional Solicitor General S. V. Raju, representing the Centre and the ED, to file a reply within ten days.
During the hearing, Justice Bagchi remarked, “More than the grounds of arrest, it’s about the interpretation of law. How long can you keep the accused in custody?”
Senior advocate Kapil Sibal, appearing for Chaitanya Baghel, argued that the arrest was unlawful as the ED had cited “non-cooperation” without issuing any summons or notice. “They have arrested me on the grounds of non-cooperation. But they never sent me a notice or summoned me. They never called me and arrested me under Section 19 of the PMLA, which they can’t do,” Sibal said.
Senior advocate N. Hariharan, also representing Baghel, said the investigation seemed endless and that a plea seeking to quash the grounds of arrest was already pending before the High Court.
Justice Kant, after perusing the case file, observed that non-cooperation was not the only ground cited for Baghel’s arrest. Responding, Sibal maintained that all other grounds were merely allegations and that the agency had neither filed a complaint nor sought court permission. “They delay the trial and keep me in custody. Each conclusion of the High Court is in my favour,” he submitted.
ASG Raju countered that the ED had been granted three months by the apex court to complete its investigation and that the process was ongoing.
On August 4, the Supreme Court had criticised the practice of influential individuals approaching it directly in criminal matters, directing Bhupesh Baghel and his son to first seek remedies before the High Court in cases probed by central agencies.
The ED and CBI are investigating several alleged scams during Bhupesh Baghel’s tenure as Chief Minister, including those related to the Mahadev betting app, liquor trade, rice mills, coal, and the District Mineral Foundation (DMF).
