‘Unpardonable’: Top Court criticises ED’s midnight interrogation
New Delhi: The Supreme Court on Monday expressed concern over the manner in which retired IAS officer Anil Tuteja was interrogated by the Enforcement Directorate (ED) in connection with the Chhattisgarh liquor scam case. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih was hearing Tuteja’s petition, challenging the Chhattisgarh High Court’s refusal to quash corruption and money laundering charges against him.
Justice Oka compared the handling of money laundering cases under the Prevention of Money Laundering Act (PMLA) to cases under Section 498A of the Indian Penal Code (IPC), which pertains to cruelty by a husband or relatives and is often accused of being misused. He indicated that courts might adopt a similar approach to PMLA cases if they are handled in a questionable manner.
“In a lighter vein, we are so experienced on the criminal side in High Court and Supreme Court. What is the approach when we deal with quashing petitions under 498A? The approach is, with our experience, we feel that it is a provision which is completely misused on so many occasions. If PMLA is being implemented in this fashion, the courts will adopt the same approach. Judges are also human beings; they see daily how PMLA is implemented,” he remarked. During the proceedings, the bench scrutinised the sequence of events that led to Tuteja’s late-night interrogation. According to Justice Oka, Tuteja was summoned by the ED at 12:00 pm on April 20, 2024, while already undergoing questioning at the Anti-Corruption Bureau (ACB) office. A second summons was issued at 5:30 pm, and Tuteja was subsequently interrogated through the night.
Justice Oka questioned the urgency of the ED’s actions and the involvement of ACB officers in Tuteja’s transfer to the ED office. “Why should ACB officers accompany them to ED? He is in the ACB office, and ED issues a summons at 12:00 pm and then 5:30 pm. Why this hurry? Full night a person is interrogated. This is unpardonable,” he said.
The court directed Additional Solicitor General (ASG) S V Raju, representing the ED, to submit an affidavit explaining the timeline of the summons and the reasons for the interrogation procedure. Justice Oka emphasised that if sufficient answers were not provided, the court would take strict action. The next hearing is scheduled for November 5, 2024.
Tuteja, along with Anwar Dhebar, brother of the Raipur mayor, is accused of involvement in the Chhattisgarh liquor scam, which allegedly includes manipulation of liquor distribution and collection of illegal commissions. Both have filed petitions challenging the charges against them.
