“If the investigating agency has fundamental rights, it should be …”: Supreme Court


New Delhi:

The Supreme Court has said that the Enforcement Directorate (ED) should also think about the fundamental rights of the people and on the petition of the agency, demand to transfer the case of Nagar Apurthi Nigam (Nan) scam from Chhattisgarh to New Delhi.

A bench of Justice Abhay S Oka and Ujjal Bhuyan questioned the agency how it filed a writ petition under Article 32 of the Constitution for individuals.

Article 32 of the Constitution guarantees “right to constitutional treatment”, empowering individuals to seek prevention from the Supreme Court for violation of their fundamental rights, allowing them to directly contact the court for enforcement of these rights.

Following the bench’s comments, Additional Solicitor General SV Raju sought permission to withdraw the petition and said, “Ed also has fundamental rights.” The bench said, “In a light vein, if the ED has fundamental rights, it should also think about the fundamental rights of the people,” the bench said.

The court then allowed Raju to withdraw the petition.

The Enforcement Directorate (ED) claimed last year that former IAS officer Anil Tutja had misused the anticipatory bail given to him in the case in Chhattisgarh.

The investigating agency recently made a shocking claim about some constitutional officials of Chhattisgarh, which is in touch with a High Court judge, which is an alleged multi-million rupees from the non-scam to ensure judicial relief to some accused in the money laundering case.

In addition to demanding the transfer of the PMLA case from Chhattisgarh, the ED demanded the cancellation of anticipatory bail given to some high-profile accused in the money laundering case.

In 2019, Ed filed a complaint under the prevention of the Money Laundering Act on the basis of FIR and charge sheet filed by the anti -corruption bureau of Chhattisgarh Police and the Civil Supplies Scam.

The alleged scam in the Public Distribution System (PDS) came to light when the anti-corruption bureau of the state raided some offices of the Nodal Agency NAN to ensure effective operation of the PDS system in February 2015, and seized a total cash of Rs 3.64 crore.

Many samples of rice and salt collected during the raid were tested for their quality and claimed to be sub-standard and disqualified for human consumption.

While Tutja was the president of Nan, Shukla was the Managing Director.

(Except for the headline, the story has not been edited by NDTV employees and is published by a syndicated feed.)


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