New Delhi: The Enforcement Directorate (ED) on Tuesday told the Supreme Court that the judge who had granted bail to the accused in Chhattisgarh’s Nagrik Apurti Nigam (NAN) scam had met the Chief Minister, two days before the bail order was passed.
A bench of Chief Justice U.U. Lalit and comprising Justices Ravindra Bhat and Ajay Rastogi was hearing a plea by the ED seeking to transfer the investigation in the scam, pertaining to corruption in the Public Distribution System (PDS), to the CBI and also shift the trial outside Chhattisgarh. Previously, the ED had told the Supreme Court that the constitutional functionaries were helping the accused.
Solicitor General Tushar Mehta, representing the ED, submitted that the judge met the CM two days before the bail and “if this isn’t shocking, I don’t know!”
He claimed that the status report is being exchanged with the accused before it is being filed, as he contended that a free and fair trial has not been carried out in the case.
Mehta added that the special investigation team (SIT) constituted to investigate the matter was in touch with the prime accused, and the collusion between accused and the authorities has diluted the case of the prosecution. He also emphasised the accused has received concessions from the present state government in the case.
He cited WhatsApp conversations between the accused and the co-accused allegedly pointing that the CM was also contacted. Reading out the conversation, Mehta said: “Please see this –I was wondering if HCM could speak with him”, adding that the HCM means “Hon’ble Chief Minister”.
However, Justice Rastogi was not convinced that the messages established collusion between the accused and constitutional functionaries.
Mehta then said that the judge met the CM two days before the bail, and “if this isn’t shocking, I don’t know what is!”
As the ED also submitted material connected with the case in sealed cover, the bench told Mehta if the court were to consider sealed cover documents, the documents should be shared with the state government as well, in the interest of fairness. Mehta opposed it, saying that the state government has been sharing everything with the accused.
The top court has scheduled the matter for further hearing on Wednesday.
The ED had registered a money laundering case in connection with the scam against two IAS officers. The NAN scam surfaced in 2015, and those involved have been accused of supplying low quality rice, gram, salt etc.
The ED moved the apex court seeking transfer of trial from Chhattisgarh alleging a senior government official attempting to weaken the predicate offence against the accused.
–IANS
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