Chhattisgarh Liquor Scam: SC Tells ED, “Don't Create Atmosphere of Fear”

NEW DELHI: Supreme Court Tuesday told the Enforcement Directorate (ED) not to create an "atmosphere of fear", after it was alleged by the Chhattisgarh government that the probe agency is "running amok", while trying to implicate Chief Minister Bhupesh Baghel in a money laundering case in connection with the alleged Rs 2,000 crore liquor scam in the state.

Before a bench of Justices SK Kaul and A Amanullah, the Chhattisgarh government has complained that ED is threatening several state excise department officials and their family members with arrest and is trying to implicate the state’s chief minister. The government claimed that the officers have said they are not willing to work in the department.

Appearing for Chhattisgarh, senior advocate Kapil Sibal told the bench "The ED is running amok. They are threatening excise officers.”

Terming it a ‘shocking state of affairs’, Sibal told the bench that it is happening now because the elections are approaching.

Appearing for ED, Additional Solicitor General S V Raju countered the allegations and said a scam is being probed by the agency in the state.

The bench observed that, "Even a bonafide cause becomes suspect when you behave like this,” adding, "Don't create an atmosphere of fear".

In the past month, Chhattisgarh became the first state to challenge the constitutional validity of certain provisions of the Prevention of Money Laundering Act (PMLA) before the apex court, while alleging that central investigating agencies are being misused to "intimidate, harass and disturb" a non-BJP state government’s normal functioning.

An original suit was filed by the Bhupesh Baghel-led Congress government, through advocate Sumeer Sodhi, challenging the provisions of Article 131 of the Constitution, which empowers a state to move the Supreme Court directly concerning matters of dispute with the Centre or with any other state.

On Tuesday, a plea filed by two Chhattisgarh-based persons was being heard by the apex court. One of the petitioners has been arrested by the ED in connection with the case and the plea challenged the initiation of proceedings by the anti-money laundering agency.

Seeking to include a new party in the petition, the state government filed an application which claimed that 52 excise department officers have complained in writing alleging "mental and physical torture" during the course of investigation by ED officers.

The state has claimed in its application that," Several officers have made serious allegations that not only were they threatened but the members of the family of the officers were also physically abused and threatened to sign blank pages or pre-typed documents.”

"The officers in the State are being threatened by the officers of the Directorate of Enforcement with threat of their arrest or arrest of their family members and being implicated in cases if they do not make and sign the statement as desired by the officers and to implicate the Chief Minister and other senior officers of the state administration," the application said.

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