In a significant judicial remark, the Supreme Court of India criticized the Enforcement Directorate’s (ED) application for transferring a high-profile scam case out of Chhattisgarh, emphasizing the fundamental rights of individuals. The case in question involves the Nagrik Apurti Nigam (NAN) scam, which centers around allegations of corruption in the public distribution system.
During the proceedings, Justices Abhay S Oka and Ujjal Bhuyan challenged the ED’s use of Article 32 of the Indian Constitution, traditionally reserved for individuals seeking redressal for violations of their fundamental rights. The bench humorously noted, “In a lighter vein, if ED has fundamental rights, it should think about fundamental rights of people too.”
The comment came after additional solicitor general S V Raju, representing the ED, sought to withdraw their plea for transferring the case to New Delhi. The ED had earlier expressed concerns that former IAS officer Anil Tuteja, involved in the scam, misused the anticipatory bail granted to him, and alleged interference by constitutional functionaries of Chhattisgarh with a high court judge to secure judicial reliefs for the accused.
The controversy stems from the ED’s 2019 complaint under the Prevention of Money Laundering Act, which was based on an FIR and chargesheet by Chhattisgarh’s economic offences wing and anti-corruption bureau regarding the civil supply scam. In February 2015, a raid by the state’s anti-corruption bureau on several offices of NAN unearthed Rs 3.64 crore in unaccounted cash and numerous samples of rice and salt that were found to be sub-standard and unfit for human consumption.
