ED Allegation Of CM Meeting HC Judge False, Chattisgarh Govt Tells Supreme Court In Plea To Transfer NAN Scam Trial

"Though we heard the Counsels appearing for the parties at some length. Considering the facts and circumstances on record and particularly the fact that the submissions would not be over in one session, the matter is released from being part heard…"

A Bench comprising the CJI, Justice Ajay Rastogi and Justice Ravindra Bhat directed the Registry to list the matter in the week commencing 14th November, 2022 before appropriate Bench after seeking direction from the then CJI (Justice D.Y. Chandrachud).

The Counsels arguing in the present matter, apprised the Bench that the arguments will not get over in one session. The Bench suggested that an arrangement can be worked out wherein brief arguments are made by the Counsels and the same be supplemented with written submissions. The Counsels were of the view that the proposed method of hearing might not be suitable for a 'serious case' like the present one. They insisted that the matter needs to be heard at length. Solicitor General of India, Mr. Tushar Mehta requested the Bench, a couple of times, to hear the matter on 31st October, 2022.

Considering the fact that the CJI, Justice Lalit is to demit office on 8th November, 2022, he thought it fit to not proceed with the matter further and permitted it to be listed before a Bench constituted by his successor.

At the request of Senior Advocate, Mr. Kapil Sibal, representing the State of Chhattisgarh, the Bench directed the documents submitted by the State Government and the ED to be re-sealed and kept intact till further orders.

"Documents given by State and ED shall be re-sealed and kept intact till orders are passed by the court."

While the Bench was parting with the matter, Mr. Sibal pointed out that the allegation about the Chief Minister meeting a Judge of the Chhattisgarh High Court was not true, as per the instructions received by him. On the last occasion, Mr. Mehta had read out a WhatsApp chat between the accused and the co-accused which indicated that the Chief Minister of the State was contacted by the Judge. The Solicitor General had submitted -

"Please see this –I was wondering if HCM could speak with him". HCM means Hon'ble Chief Minister. "He has met HCM". That happened on 11th October 2019 and the bail was granted thereafter. The accused is telling the co-accused this. "Necessary instructions to be given to AG". Then they're seen congratulating each other."

Justice Ajay Rastogi had expressed his doubt in concluding that the messages necessarily established collusion between accused and constitutional functionaries.

When Mr. Sibal raised the issue again on Thursday and as Mr. Mehta proceeded to rebut, CJI objected to the same and indicated that such concerns be raised before the newly constituted Bench.

[Case Title: ED v. Anil Tuteja And Ors. SLP(Crl) No. 6323-24/2020]