Bhupesh Baghel’s son Chaitanya Baghel challenges arrest; Supreme Court seeks ED reply

New Delhi: The Supreme Court on Friday sought ED’s response on a plea filed by former Chhattisgarh chief minister Bhupesh Baghel’s son, Chaitanya Baghel, challenging his arrest in a case over an alleged liquor scandal. A bench comprising justices Surya Kant and Joymalya Bagchi issued notice to ED. The counsel for Chaitanya Baghel argued that the agency was needlessly delaying the trial to prolong his arrest.

“More than grounds of arrest, it’s about the interpretation of Section 190 (of BNSS, 2023). How long can you take to investigate,” justice Bagchi questioned the agency.

In response, ED’s counsel submitted that the apex court has given the agency three months to complete the probe. Appearing on behalf of Baghel, senior advocate Kapil Sibal said Baghel was arrested on grounds of non-cooperation, but he was never sent a notice by the agency to join the probe.
“That’s the challenge to the arrest. They (ED) never called me (Baghel), and they arrested me which they can’t do. They have to issue me a notice. They cannot arrest me on non-cooperation without giving notice,” Sibal argued

Sibal said the agency is delaying the trial and keeping Baghel in custody. “But the reason is not of non-cooperation at all. You will have to respond,” Justice Kant, speaking for the bench, said. Baghel has also filed a separate plea challenging key provisions of the Prevention of Money Laundering Act, arguing that they violate fundamental rights.

ET had reported in March that the Chhattisgarh government informed the Supreme Court that police investigation had put the extent of loss to the exchequer due to the alleged liquor scam at nearly ₹5,000 crore. In April 2024, ET reported that the ED had claimed that former IAS officer Anil Tuteja was the “chief architect” of the alleged scandal. The agency registered a fresh FIR on April 9, 2024, based on an existing FIR registered by the Economic Offences Wing of the Chhattisgarh Police.