New Delhi: The Supreme Court, a day ago, hauled up the Enforcement Directorate for its attempt to overreach the apex court – which had directed that no coercive action is to be taken – and its display of “hurry” in making arrests in the alleged Chhattisgarh liquor scam case.
On July 18, the Supreme Court had said the ED “must stay their hands in all manner” in the case.
This is not the first time that the Supreme Court has taken on the ED in this case. In August, as reported by LiveLaw then, it had said that the ED “cannot be a law unto itself.”
A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia on October 19 asked the ED as to whether it arrests do not amount to overreach of the July 18 court order.
“Once we say no coercive steps, does your action not amount to an overreach of our order? Where is the occasion for you to initiate this matter when proceedings are pending before this court,” it said, according to Hindustan Times.
The bench was hearing a petition by Anwar Dhebar, brother of Raipur mayor Aijaz Dhebar and one of the main accused in the case. Dhebar sought a stay on a non-bailable arrest warrant issued in the directions of a trial court in the case.
The Chhattisgarh high court had dismissed his bail plea on October 6.
“What troubles us is the fact that we passed an interim order for ED to stay its hands on July 18… Why then this hurry and over anxiety?” the bench said, according to HT‘s report.
The court has sought a response from ED in three weeks.
These observations came on the same day when the Delhi high court ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest.