New Delhi, Aug 4 The Supreme Court on Monday refused to entertain a plea filed by Congress leader and former Chhattisgarh Chief Minister Bhupesh Baghel, who is embroiled in several cases, including the money laundering cases linked to rice milling, coal and liquor scams, challenging the "unfettered" powers of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to illegally conduct "further investigation" without adequate procedural safeguards.
A bench of Justices Surya Kant and Joymalya Bagchi told the Congress leader to first approach the Chhattisgarh High Court for the relief against the filing of “incomplete or piecemeal” charge sheets or prosecution complaints by the probe agencies.
Despite having no express authority under the Prevention of Money Laundering Act, 2002 (PMLA), the ED is routinely conducting "further investigation" in several cases and filing incomplete or piecemeal prosecution complaints, claimed Baghel’s plea.
"Simultaneously, the ED is resorting to coercive actions, including arrests, without any legal limitation or judicial oversight. These practices are designed to frustrate the statutory and constitutional right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 and Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023,” it added.
In a separate writ petition, Baghel sought a declaration that Sections 50 and 63 of the PMLA are unconstitutional, being violative of fundamental rights guaranteed under Article 14, 20 and 21 of the Constitution.
The twin provisions permit the ED to summon any person and compel answers and production of documents under a threat of penalty and arrest.
"Section 63(2)(b) mandates the signing of statements recorded under Section 50 and simultaneously imposes penal consequences under Section 63(2) and 63(4) for non-compliance or non -truthfulness, the result is a chilling effect on the exercise of the fundamental right to silence," said the plea filed through advocate Vipin Nair.
The Justice Surya Kant-led Bench directed listing of the second Baghel’s plea on August 6, when the top court is scheduled to hear a batch of similar petitions challenging the PMLA provisions.
Further, it refused to entertain a related petition filed by Bhupesh Baghel's son, Chaitanya Baghel, who had been arrested by the ED on July 18 in the alleged liquor scam.
Allowing him to withdraw the petition filed directly before the top court, the Justice Kant-led Bench granted him liberty to approach the Chhattisgarh High Court for relief. Chaitanya Baghel’s arrest was part of an ongoing investigation into a Rs 2,160 crore liquor scam allegedly involving a nexus of politicians, bureaucrats, and liquor contractors operating during Bhupesh Baghel’s tenure.
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