The Supreme Court has lately raised concerns about the Enforcement Directorate’s (ED) handling of the arrest of retired IAS officer Anil Tuteja, who is implicated in an alleged liquor scam in Chhattisgarh. The court questioned the speed and manner in which Tuteja was summoned and arrested. During the hearing, the Supreme Court asked the ED to explain its process in summoning Officer Tuteja, particularly the rush in serving the summons and detaining him.
This inquiry followed Tuteja’s plea challenging the Chhattisgarh High Court’s decision to not quash the corruption and money laundering charges against him. Mr. Tuteja is a 2003-batch retired IAS officer. The court highlighted that ex-IAS Tuteja was already being questioned by the Anti-Corruption Bureau (ACB) when the ED issued its summons. The first summons was delivered at noon, followed by another just a few hours later.
“Please clarify this procedure. He is at the ACB office when the ED issues summons at 12:00 PM and then again at 5:30 PM. What’s the hurry?” the bench inquired.
The justices also questioned why the ED chose to summon Officer Tuteja at a specific time, given that he was already being interrogated by ACB officials. They sought clarification on why ACB officers escorted Mr. Tuteja to the ED’s office and whether his appearance was voluntary.
Tuteja’s counsel informed the court that his client faced questioning by the ED throughout the night. The court expressed its disapproval, stating, “What kind of practice is this? Interrogating someone all night is unacceptable.”
The Supreme Court emphasized the need to adhere to due process, reminding the ED of the constitutional rights protected under Article 21, which guarantees the right to life and personal liberty.
“They should remember there’s something called Article 21,” the bench remarked. The Supreme Court has directed the ED to submit an additional affidavit detailing how the summons was issued under Section 50 of the Prevention of Money Laundering Act (PMLA), along with the circumstances surrounding Officer Tuteja’s early morning arrest. The court will continue its hearing on the case on November 5th.
