SC seeks response from Centre, ED on Bhupesh Baghel’s son’s petition against arrest

The Supreme Court on Friday, October 31, sought response from the Center and the Enforcement Directorate (ED) on the plea of ​​former Chhattisgarh Chief Minister Bhupesh Baghel’s son challenging his arrest by the investigating agency under certain provisions of the Prevention of Money Laundering Act and the alleged liquor scam in the state.

A bench of Justices Surya Kant and Joymalya Bagchi asked Additional Solicitor General SV Raju, appearing for the Center and ED, to file a reply on the petition in 10 days.

Justice Bagchi asked Raju, “More than the grounds of arrest, it is about the interpretation of the law…for how long you can keep the accused in custody.”

Senior advocate Kapil Sibal, appearing for Chaitanya Baghel, who was arrested by the ED on July 18, said the agency arrested his client on the grounds that he was not cooperating in the investigation.

Sibal said, “They have arrested me on the grounds of non-cooperation. But they never sent me a notice. They never called me. That is the challenge to the arrest. They never called me and arrested me under Section 19 of the PMLA, which they cannot do.”

Senior advocate N Hariharan, appearing for Baghel, also said that the investigation in the case does not seem to be ending at all and has sought quashing of the grounds of arrest before the High Court.

Justice Kant, after seeing the case file, told Sibal that non-cooperation in the investigation is not the only basis for Baghel’s arrest.

Sibal said all other allegations are there and the agency never filed any complaint or sought permission from the court.

“They delay the trial and keep me in custody. Every finding of the High Court is in my favour,” Sibal said.

Raju said that this court has given three months time to the investigating agency to complete the investigation and the ED is trying to do so.

On August 4, the apex court condemned the practice of rich individuals directly approaching it to seek relief in criminal cases, as it asked former Chhattisgarh chief minister Bhupesh Baghel and his son to approach the high court in cases probed by central investigating agencies.

Investigating agencies, including the CBI and ED, are probing several cases related to the Mahadev betting app and rice mills and the alleged coal, liquor and DMF scams that allegedly took place during Bhupesh Baghel’s tenure as chief minister.