'Will Take ED Officers To Task' : Supreme Court Frowns Upon ED's Overnight Questioning; Terms It 'Unpardonable'

The Supreme Court on Monday (October 21) questioned the manner in which retired IAS Officer Anil Tuteja was interrogated by the Enforcement Directorate in the alleged liquor scam case in Chhattisgarh.

A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing petition filed by Tuteja challenging the Chhattisgarh High Court's refusal to quash corruption and money laundering charges against him in connection with the alleged liquor scam in the state.

Justice Oka compared money laundering cases to frivolous money laundering cases, stating that the courts will adopt a similar approach to cases under PMLA as they do for cruelty cases wherein section 498A is misused.

“In a lighter vein, we are so experienced on the criminal side in High court and in Supreme Court. What is the approach of the court when we deal with quashing petitions under 498A? The approach is because, with our experience, we feel that is a provision which is completely misused on so many occasions. Now, if Act like PMLA is being implemented in this fashion, that is going to be the approach of the courts now, if you implement the Act in such a manner. We are telling you, ultimately judges are also human beings. They see everyday, in what manner PMLA is being implemented.”

During the proceedings, Justice Oka noted that Tuteja had been summoned by the ED at 12:00 p.m. on April 20, 2024, while he was already at the ACB office undergoing interrogation. The ED issued a second summons at 5:30 p.m., after which Tuteja was interrogated throughout the night.

“Why should ACB officers accompany them to ED? Please explain to us this procedure. He is in ACB office, ED issues summons on 12:00 p.m. and then 5:30 p.m. What is this hurry? And what kind of practice is this? Full night person is interrogated. This is unpardonable.”

Justice Oka expressed concern over the method of arrest, asking why the ACB officers accompanied Tuteja to the ED office and questioning the urgency behind the repeated issuance of summons. “This doesn't happen in terrorism or serious offences under IPC.”

Additional Solicitor General SV Raju defended the actions, stating that Tuteja had come voluntarily and there was no torture or physical coercion involved.

However, Justice Oka remained unconvinced.

“We want time at which summons was issued, time at which summons was served, what is the source of information that he was in ACB office. We are going to take the officers to task. And if you knew that he was being interrogated in the ACB office why was the time of 12:30 given? What was the hurry to issue summons two times when you knew that he was being interrogated by the ACB?”

Justice Oka directed the ASG to file an affidavit by Friday, explaining the timeline of the summons and the reasons behind the actions of the ED and ACB officers.

“Please explain to us if the person is being interrogated in the ACB office why was summons issued to come in immediately to ED office. This is not done. File a better affidavit by Friday. We want all this explained otherwise we will have to say something about this. We will have to come down heavily on such practices adopted.”

ASG Raju acknowledged that while an officer might have been "overzealous" in issuing the summons, this should not lead to the quashing of the case, considering the seriousness of the economic offenses involved.

The bench recorded its prima facie view, directing the ASG to file an explanatory affidavit detailing the manner in which the summons were served and how Tuteja was taken to the ED office. The court scheduled the next hearing for November 5, 2024, for final disposal of the petition.

The Chhattisgarh High Court on August 20, 2024 had dismissed Tuteja's plea to quash the cases against him.

Tuteja is one of the accused in the Chhattisgarh Liquor Policy scam, which allegedly involved manipulation in liquor distribution and the collection of illegal commissions from distilleries. He had been granted anticipatory bail in 2020. The Enforcement Directorate also launched an investigation into related money laundering offenses under the Prevention of Money Laundering Act (PMLA), 2002.

Anil Tuteja and Anwar Dhebar, the brother of the current Raipur mayor, have both filed petitions challenging the charges against them. Dhebar's case is also set to be heard alongside Tuteja's.

Case no. – SLP(Crl) No. 11790/2024 Diary No. 38698 / 2024

Case Title – Anil Tuteja v. Union of India

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