New Delhi:In a dramatic turn of events on Friday in the Supreme Court, an additional solicitor general (ASG), a law officer representing the Enforcement Directorate, contended before the court that a half-baked affidavit has been filed by the central agency in a bail matter and hinted at some hanky-panky in the department.
The matter came up before a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. ASG S V Raju, representing the ED, said, "There is something hanky-panky as far as my department is concerned. Without consultation, a half-baked affidavit has been filed even before we made an appearance."
The apex court was hearing an appeal of Arun Pati Tripathi, an Indian Telecom Services officer, challenging the October 25, 2024 order of the Chhattisgarh High Court denying him bail in connection with the high-profile Chhattisgarh liquor scam. The case involved allegations of corruption, money laundering, and illegal profiteering by a criminal syndicate operating within the state's excise department.
The apex court expressed its concern at the issue brought before it by the law officer, and called it a "serious matter". The bench told Raju that the counter affidavit must have been filed by its advocate-on record (AoR). Raju replied that the AoR could not be blamed for the oversight.
When the matter was taken up for hearing, the bench asked Raju, ED has filed a counter affidavit, and can he disown it now?
ASG made it clear that he is not disowning it and stressed, “I am only saying it was filed without proper vetting so I will have to verify." Terming it a “sad thing”, the bench said it was like casting an aspersion on the AoR. However, Raju replied that there is some miscommunication in the matter, and emphasised that he is not pinning the blame on the AoR and requested the court to continue with the hearing of the matter.
Earlier in the day, the ASG hinted at possible procedural lapses within the ED. Counsel, representing Tripathi, suggested that it might be a deliberate strategy to prolong the petitioner’s detention. The bench asked ED's counsel, how can it accept that the affidavit was filed by the AoR for ED but now the central agency claims that it was filed without instructions.
The law officer said that the affidavit was submitted in the court without being vetted through proper channels, and informed the bench that he had asked the ED director to initiate a departmental inquiry into the matter.
“I personally told the director (ED) to institute an inquiry and ensure the officer responsible is present in court….” said Raju. The apex court has scheduled the matter for further hearing on February 5. Tripathi, who served on deputation as the special secretary and managing director of the Chhattisgarh State Marketing Corporation Limited, was arrested on August 8, 2024, following an investigation by the ED.
