Chhattisgarh Liquor Scam: Supreme Court extends interim protection to state officials stating, “ED cannot be a law unto itself” and lists matter on September 26

On August 21, the Supreme Court of India was hearing the plea against the Chhattisgarh liquor scam filed by state government officials. The top Court extended interim protection from coercive action to certain officials in the UP Police FIR over the making of duplicate holograms. While extending interim protection, a two-judge bench of the Supreme Court comprising Justice Sudhanshu Dhulia and Justice Sanjay Kishan Kaul orally remarked that “ED (Directorate of Enforcement) cannot be a law unto itself.” The bench further listed the matter for hearing on September 26, 2023.

Earlier on August 7, the petitioners argued that the ED lodged an FIR with the UP Police over allegations of forgery in order to bypass the top Court’s order. The ED further contended that the agency was bound to inform any offence detected during the course of an investigation to the jurisdictional police. In this context, the SC asked the counsel representing the Enforcement Directorate (ED) to seek instructions regarding the timing (before July 18 or after) of when the information pertaining to the Uttar Pradesh Police First Information Report (FIR) was acquired.

After this, the Supreme Court listed the matter for August 21 and said, “On our query as to when these aspects came to the notice of the ED, learned ASG seeks a short accommodation to obtain instructions…The Uttar Pradesh Police may not take any coercive steps till the next date though we are not impeding the investigation.” 

During the court proceedings yesterday, Additional Solicitor General SV Raju said “My lords, on the last occasion, wanted to know as to when we got hold of the information…It is correct that before the order was passed we got hold of the information.” The bench further said that ED cannot be a law unto itself and ordered “Learned counsel for the petitioners very fairly states on our query that the aspect has come to the notice of the ED prior in time. Thus, interim order dated 07.08.2023 to continue.”  The order further reads, “List for directions on 26.09.2023.”