The Supreme Court has slammed the Enforcement Directorate for alleged haste in filing an application in the lower court seeking issuance of a non-bailable warrant (NBW) against an accused in a money laundering case related to the liquor scam. (ED) questioned. A bench headed by Justice Sanjay Kishan Kaul stayed the non-bailable warrant. This case is related to the alleged Rs 2,000 crore liquor scam in Chhattisgarh. The bench questioned the agency, noting that the apex court had passed an order in the case on July 18 saying that the ED would not take any coercive steps.
The bench, also comprising Justice Sudhanshu Dhulia and Justice Manoj Mishra, was hearing an application filed by Anwar Dhebar. In this, Anwar Dhebar has sought a stay on the operation of the October 13 order of the trial court issuing non-bailable warrant against him. Dhebar also sought directions from the Supreme Court that the ED should not take any punitive action against him in this case. Senior advocate Mukul Rohatgi told the top court that the Chhattisgarh High Court had rejected his bail plea on October 6 after granting him interim bail in July.
He told that the ED had filed an application in the lower court of Raipur on October 9, demanding issuance of non-bailable warrant against Dhebar. On this the bench said- Once we say that you are not to take any drastic step, is it (NBW) not a violation of our order? This is the issue. We are aware of this. Along with this, the Supreme Court bench sought response from ED on the application and fixed the hearing of the case after six weeks.
The top court said- interim bail to the petitioner will continue till the next hearing. We are staying the order for issuing non-bailable warrants. Justice Kaul told the ED lawyer – I do not understand why there is such a hurry. Dhebar, in his petition filed through advocate Malak Manish Bhatt, said that the ED has filed an application before the special judge seeking a non-bailable warrant against him in complete violation of the Supreme Court’s July 18 order. This is a violation of the order dated July 18, 2023 passed by the Supreme Court as the top court had put a ‘stay in all respects’ on the ED’s actions.
