‘What was the hurry,’ SC questions ED for seeking NBW against accused in Chhattisgarh liquor scam

New Delhi: The Supreme Court on Thursday expressed displeasure with the Enforcement Directorate for filing an application before a trial court for issuance of non-bailable warrant (NBW) against an accused in a money laundering case connected with the alleged Rs 2,000 crore liquor scam in Chhattisgarh.

A bench led by Justice Sanjay Kishan Kaul asked the ED’s counsel, despite the court directing the agency to stay its hands off in all manner on July 18, why there was a hurry in moving the trial court.

The bench, also comprising Justices Sudhanshu Dhulia, and Manoj Misra told the ED’s counsel, “Once we say you don’t have to take any coercive steps, is it (NBW) not in overreach of our order? That is the point. Right or wrong, we are seized of it".

Senior advocate Mukul Rohatgi, representing businessman Anwar Dhebar, contended that the Chhattisgarh High Court on October 6 dismissed his client’s bail plea after having granted him interim bail in July. 

He said the ED had made an application on October 9 before the trial court in Raipur seeking issuance of NBW against Dhebar, who moved the apex court through advocate Malak Manish Bhatt.

It was argued before the court that the high court’s order rejecting the bail petition has resulted in the issuance of an NBW.

“Why such a hurry, I don’t understand,” Justice Kaul asked ED’s counsel.

The bench noted that the high court’s order dated October 6, in effect is sought to be assailed in these proceedings by the applications as also the order dated October 13, issuing non-bailable warrants by the trial court.

“Normally, we would have relegated the parties to a remedy in independent proceedings as urged by learned counsel for the Enforcement Directorate. However, what troubles us is the fact that we had passed interim protective orders for the Enforcement Directorate to stay its hands on account of the fact that the complaint had been returned and that is what gave rise to the order dated 18.07.2023,” the bench said.

The bench said a reading of the order, prima facie, gives rise to a scenario that the high court ought to have continued the interim bail order to await the orders to be passed by this court.

“The High Court’s order rejecting the petition for bail and vacating the interim bail has resulted in the issuance of the NBW. Reply may be filed by the Enforcement Directorate within three weeks. Rejoinder, if any, be filed within two weeks thereafter. List after six weeks. In the meantime, the petitioner(s) would continue on interim bail and the order issuing NBW is stayed,” the bench added.

The top court was hearing an application filed by Anwar Dhebar seeking a stay on the operation of the trial court’s October 13 order for issuance of NBW against him. Dhebar also sought the court’s direction that no coercive steps be taken against him in the ED case.

The Chhattisgarh government had earlier alleged in the apex court that several state excise department officials have complained about ED officials threatening them and their family members with arrest.

The ED has alleged a massive scam in liquor trade in Chhattisgarh perpetrated by a syndicate comprising high-level state government officials, private persons and political executives that generated tainted money more than Rs 2,000 crore in 2019-22.