New Delhi (Agency): The Supreme Court of India made a crucial decision on Tuesday, asking the Enforcement Directorate (ED) to refrain from taking “coercive steps” against the petitioners in the money laundering case related to irregularities in the Chhattisgarh liquor industry. Among the petitioners are Anil and Yash Tuteja.
The decision was made by a bench of justices, Sanjay Kishan Kaul and Sudhanshu Dhulia, during the hearing of multiple petitions.
One of the petitions was put forth by IAS Anil Tuteja and his son Yash Tuteja, represented by advocate-on-record Malk Manish Bhat. Yash Tuteja took issue with Section 50 and Section 63 of the Prevention of Money Laundering Act, 2002 (“PMLA”). His challenge primarily asserted that the provisions of the PMLA, which allow ED officers to summon any individual to record a statement under Section 50 and compel that person to tell the truth, are in violation of Article 20(3) and 21 of the Indian Constitution.
The petition also sought to invalidate the summons issued to Anil Tuteja under Section 50 of the Prevention of Money Laundering Act, 2002 by the ED.
Further pleas were filed by Karishma and Anwar Dhebar, as well as Siddharth Singhania, each represented by their respective advocates.
The ED has been investigating a liquor scam that unfolded from 2019 to 2022, characterized by corruption involving various underhanded tactics. It was reported that bribes were extracted from distillers for every case of liquor procured by the CSMCL.
The ED disclosed that Arun Pati Tripathi, acting under Anwar Dhebar’s influence, manipulated the entire liquor system of Chhattisgarh for personal gain. He was accused of making policy changes, granting tenders to associates of Anwar Dhebar, and misusing state-run shops to sell unaccounted kacha liquor, thereby causing immense losses to the state exchequer. The beneficiaries of the Liquor Syndicate allegedly amassed over Rs 2,000 Crore in illicit crime proceeds.
As a consequence of the investigation, the ED carried out search operations in Raipur, Bhilai, and Mumbai. The searches led to the discovery of a property, purchased using proceeds of crime, in Naya Raipur. Additional seizures included cash worth Rs 20 lacs, unaccounted investments worth Rs 1 Crore, and incriminating documents. The ED had also previously frozen Fixed Deposits worth Rs 27.5 Crore and seized jewellery worth Rs 28 Crore.
