Chief Justice of India, U.U. Lalit, Justices Ravindra Bhat and Ajay Rastogi on Monday heard a petition filed by the Enforcement Directorate seeking transfer of probe in the Civil Supplies Corporation (NAN) scam case, which deals with corruption in the Public Distribution System Is in Chhattisgarh.
The bench directed the parties to place the material relied upon by them in a sealed cover. The matter is now listed for 3 PM on 26 September 2022. The court further directed the parties to submit their written submissions on the maintenance of the petitions. Initially, the Solicitor General of India, Tushar Mehta said that the matter was so big that the Supreme Court could exercise its jurisdiction under Article. 142 of the Constitution. He said that in this case, high-ranking officers are taking advantage of their positions with the connivance of officers on constitutional posts. Senior Advocate Dwivedi, Senior Advocate Mukul Rohatgi and Senior Advocate Kapil Sibal, appearing for the respondents, highlighted that the said scam took place during the rule of BJP Government in Chhattisgarh..
CJI Lalit said that”Justice Rastogi was without accomplice so he is sitting here with us. But since we have started the hearing of the case, we will finish it in that combination. Whatever documents are in the sealed cover, we have not seen them but the SG. Requested that we take a look at them so that we can see them. If we find that the material has to be made public, we will allow it. A request has been made that the investigation be transferred and this court in November Notice was issued in 2021. Almost 10 months have passed… Before the trial ends, we have to decide whether the other side has the substance. List the matter on next Monday at 3 pm… As of now,We are saying that notice was issued in 2021, which means prima facie something was found against the petitioner. Thus, it is our duty to hear it.”
While pronouncing the order, the CJI said– “The SG has the documents and material in sealed cover. Respondent submits that the practice of submission of documents in sealed cover has not been approved by a latest judgment of this Court. The State maintains that if on the material submitted by the petitioner, If considered, the State may also be willing to put the document in a sealed cover. Therefore, we would like the Counsel to place such material on which the State also wishes to rely. Both the sealed envelopes should be sent to the residence of the Judges presiding the case. We also want submissions on the maintenance of the petitions as well as the whereabouts of the petitioners. One of the respondents has brought to our notice that all the 170 witnesses to be examined by the petitioner have been examined, including the final witnesses, the Investigating Officer We have also been apprised that an application for indictment by the ED and adjournment of hearing till disposal has been sought. The matter in this regard will be taken up for consideration on September 24, 2022. After the findings of the EV, now the CrPC Statement of the accused under section 313 The matter of non-registration is to be considered. To do that exercise, no date has been fixed yet.Shri Prashant Bhushan, on behalf of the interventionist, Pradeep Srivastava, submits that the investigation leaves much to be desired. He says that the quality of the investigation is not right. He says that even after being transferred to an independent agency, the process of investigation will be monitored by this court by appointing an SIT or an officer. We don’t need to go into these questions right now. In the first example, we will consider maintenance. Let us inform that this matter has been placed before this bench on Monday at 3 pm.
SG Mehta said:
it has come to the fore that senior officials of the Chhattisgarh government were actively involved in diluting the case of the petitioners and the accused had not only influenced the witnesses to withdraw their statements before the ED, but also the SIT. There were also seven attempts. to stop the proceedings. He submitted that the ED investigation revealed that the accused was in touch with constitutional functionaries and attempts were made to downplay the seriousness of the scheduled offenses of other co-accused. He also alleged that the accused had got help from the present Chhattisgarh government.
Written by: KARAN SURI
ED Tells Supreme Court: Chhattisgarh NAN Scam-“High Court Judge Was In Touch With People Who Were Helping Accused”
Chief Justice of India, U.U. Lalit, Justices Ravindra Bhat and Ajay Rastogi on Monday heard a petition filed by the Enforcement Directorate seeking transfer of probe in the Civil Supplies Corporation (NAN) scam case, which deals with corruption in the Public Distribution System Is in Chhattisgarh.
The bench directed the parties to place the material relied upon by them in a sealed cover. The matter is now listed for 3 PM on 26 September 2022. The court further directed the parties to submit their written submissions on the maintenance of the petitions. Initially, the Solicitor General of India, Tushar Mehta said that the matter was so big that the Supreme Court could exercise its jurisdiction under Article. 142 of the Constitution. He said that in this case, high-ranking officers are taking advantage of their positions with the connivance of officers on constitutional posts. Senior Advocate Dwivedi, Senior Advocate Mukul Rohatgi and Senior Advocate Kapil Sibal, appearing for the respondents, highlighted that the said scam took place during the rule of BJP Government in Chhattisgarh..
CJI Lalit said that”Justice Rastogi was without accomplice so he is sitting here with us. But since we have started the hearing of the case, we will finish it in that combination. Whatever documents are in the sealed cover, we have not seen them but the SG. Requested that we take a look at them so that we can see them. If we find that the material has to be made public, we will allow it. A request has been made that the investigation be transferred and this court in November Notice was issued in 2021. Almost 10 months have passed… Before the trial ends, we have to decide whether the other side has the substance. List the matter on next Monday at 3 pm… As of now,We are saying that notice was issued in 2021, which means prima facie something was found against the petitioner. Thus, it is our duty to hear it.”
While pronouncing the order, the CJI said– “The SG has the documents and material in sealed cover. Respondent submits that the practice of submission of documents in sealed cover has not been approved by a latest judgment of this Court. The State maintains that if on the material submitted by the petitioner, If considered, the State may also be willing to put the document in a sealed cover. Therefore, we would like the Counsel to place such material on which the State also wishes to rely. Both the sealed envelopes should be sent to the residence of the Judges presiding the case. We also want submissions on the maintenance of the petitions as well as the whereabouts of the petitioners. One of the respondents has brought to our notice that all the 170 witnesses to be examined by the petitioner have been examined, including the final witnesses, the Investigating Officer We have also been apprised that an application for indictment by the ED and adjournment of hearing till disposal has been sought. The matter in this regard will be taken up for consideration on September 24, 2022. After the findings of the EV, now the CrPC Statement of the accused under section 313 The matter of non-registration is to be considered. To do that exercise, no date has been fixed yet.Shri Prashant Bhushan, on behalf of the interventionist, Pradeep Srivastava, submits that the investigation leaves much to be desired. He says that the quality of the investigation is not right. He says that even after being transferred to an independent agency, the process of investigation will be monitored by this court by appointing an SIT or an officer. We don’t need to go into these questions right now. In the first example, we will consider maintenance. Let us inform that this matter has been placed before this bench on Monday at 3 pm.
SG Mehta said:
it has come to the fore that senior officials of the Chhattisgarh government were actively involved in diluting the case of the petitioners and the accused had not only influenced the witnesses to withdraw their statements before the ED, but also the SIT. There were also seven attempts. to stop the proceedings. He submitted that the ED investigation revealed that the accused was in touch with constitutional functionaries and attempts were made to downplay the seriousness of the scheduled offenses of other co-accused. He also alleged that the accused had got help from the present Chhattisgarh government.
Written by: KARAN SURI
