New Delhi, Oct 31 (UNI) The Supreme Court today sought a response from the Enforcement Directorate (ED) on a petition filed by Chaitanya Baghel, son of former Chhattisgarh Chief Minister Bhupesh Baghel, challenging his arrest in connection with the alleged Rs 2,000 crore liquor scam in the state.
A Bench, comprising Justices Surya Kant and Joymala Bagchi, issued a notice to the ED and directed it to file a counter-affidavit within 10 days.
During the hearing, Justice Bagchi remarked, “More than the grounds of arrest, it’s about the interpretation of Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. How long can you take to investigate?”
Appearing for the ED, Additional Solicitor General S.V. Raju submitted, “This court had granted us three months to complete the investigation.”
Senior Advocates Kapil Sibal and N. Hariharan, representing Baghel, argued that the agency was unduly delaying the proceedings to prolong their client’s custody.
“The investigation doesn’t seem to end at all. They arrested me, citing non-cooperation, but no notice or summons was ever issued. Arrest under Section 19 of the PMLA without prior notice is unlawful,” Sibal contended.
Justice Kant, however, noted, “Non-cooperation is not the only ground for arrest.”
To this, Sibal responded, “But that’s precisely the issue, the ED claims non-cooperation without giving us a chance to cooperate. This prevents the trial from even beginning and keeps the accused in custody indefinitely.”
The Bench then directed the ED to file its reply, observing that the agency would have to justify its grounds for arrest.
Baghel has also filed a separate petition challenging key provisions of the Prevention of Money Laundering Act (PMLA), particularly Sections 50 and 63, alleging that they violate Articles 14, 20(3), and 21 of the Constitution by compelling self-incrimination.
His counsel suggested that both matters be heard together.
The alleged liquor scam involves charges that senior politicians, excise officials, and private contractors manipulated the liquor trade in Chhattisgarh between 2019 and 2022. The ED has accused Baghel of laundering proceeds of crime through shell companies and real estate ventures.
On October 17, the Chhattisgarh High Court had dismissed Baghel’s plea against arrest, terming the ED’s procedural lapse in continuing the investigation without court permission as a “mere irregularity.” Baghel has now challenged this finding, claiming the procedural violations render the entire investigation and arrest illegal.
