SC blow to ex-CM Baghel.. go to HC, ‘Why do rich people reach here directly’

New Delhi (Team Newsbuddy): The SC said that this has become a new trend – as soon as a rich person comes here, we start changing our instructions. If this continues, then there will be no place left in the Supreme Courts for common people and their ordinary lawyers.

The Supreme Court expressed displeasure over the practice of wealthy and prosperous people directly approaching it and seeking relief in criminal cases and asked former Chhattisgarh Chief Minister Bhupesh Baghel and his son to go to the High Court as their cases are being investigated by central investigating agencies. These cases are related to the alleged liquor scam in Chhattisgarh and other cases. A bench of Justice Suryakant and Justice Joymalya Bagchi on Monday asked the father-son why should the apex court consider their petitions against the FIR, arrest and remand and provisions of the Prevention of Money Laundering Act (PMLA)?

The apex court also asked why the petitioners did not go to the High Court, which is itself a constitutional court and can decide on such cases. The bench said, “We are facing the same problem. Why can’t the High Court decide this matter? If it will not happen then what is the point of those courts? This has become a new trend – as soon as a rich person comes to the Supreme Court, we start changing our instructions. If this continues, there will be no place left in the Supreme Court for common people and their ordinary lawyers. Why did father and son approach SC? Bhupesh Baghel and Chaitanya Baghel have filed separate petitions challenging the actions of the investigating agencies and the provisions of PMLA in the Supreme Court. Senior advocates Kapil Sibal and Abhishek M. Singhvi, appearing for the petitioners, said, “This series of arrests is being seen across the country and investigating agencies like the Enforcement Directorate are filing charge sheets in pieces, implicating anyone and arresting everyone. What are the allegations against ED? Kapil Sibal, who is appearing for the former chief minister, said, “This cannot go on. People are not named in the FIR or the initial chargesheets, but suddenly their names appear in the supplementary chargesheet and they are arrested.” Singhvi, who appeared for Baghel’s son, said that his client was not named in two-three chargesheets, but his house was suddenly raided in March and later he was arrested after his name appeared in a supplementary chargesheet.

ED is violating SC verdict:

Sibal argued that the ED is violating the law laid down by the apex court in its 2022 verdict, which upheld its right to arrest. Kapil Sibal said that therefore the validity of sections 50 and 63 of the PMLA has been challenged in the petition. These sections give the authorities the power to summon any person, call for documents, record statements during investigation and punish for giving false statements.

Is the High Court on leave?

After the government’s rebuke to Rahul Gandhi by SC, Congress said; raised the China issue, order to go to the High Court. The bench asked that if the ED was not following the law or was deviating from the process, did anyone bring it to the notice of the court or challenged the action of the investigating agencies. The bench said that the apex court has already said that after the chargesheet is filed, further investigation can be done only with the permission of the court. The bench said, “There are many cases where the law is valid, but the action taken on it can be illegal.” The court asked both the petitioners to place all the facts related to their case before the High Court.

Regarding the challenge to sections 50 and 63 of PMLA, the bench said that both the petitioners can file new writ petitions on this issue, and the court will hear them along with the pending cases. After this, the Supreme Court allowed them to go to the High Court and asked the High Court to hear their petitions expeditiously.