If ED has fundamental rights, it should think about fundamental rights of people too: Supreme Court

The Supreme Court on Tuesday took a jab at the Enforcement Directorate (ED) for filing a writ petition under Article 32 before the apex court seeking transfer of probe in a case relating to the Nagarik Apurti Nigam (NAM) scam from Chhattisgarh to New Delhi..A writ petition under Article 32 is filed before the Supreme Court only for violation of fundamental rights and is filed against instrumentalities of the government and not by the government or its agencies."If ED has fundamental rights, it should think about fundamental rights of people too," the Court said in lighter vein when the plea came up for hearing.The agency eventually proceeded to withdraw the petition. The petition was filed in the case relating to ex-IAS officer Anil Tuteja and others, accused in a 2015 corruption case involving large-scale irregularities in rice procurement and distribution by the Nagrik Apurti Nigam (NAM)..The ED alleged that the criminal justice system in the Chhattisgarh had been manipulated through misuse of prosecutorial discretion, witness intimidation, and political pressure. It had sought a transfer of the case to the Special Court (PMLA) in New Delhi and a fresh trial before an independent forum.It further contended that following a change in the State government in 2018, the prosecution’s approach “dramatically changed” and several accused, including Tuteja, described in the petition as being very close to then Chief Minister, were granted anticipatory bail..The agency also cited seized WhatsApp chats and call data records allegedly showing direct communication between Tuteja and SIT/prosecution members. It claimed that prosecution strategy and witness statements were being leaked to the them in real-time..However, the Supreme Court questioned the ED on the maintainability of the writ petition. The Court expressed amusement at the fact that the ED being a government agency had filed a writ, which is usually filed against the government and its agencies and not by them. Additional Solicitor General SV Raju appearing for the ED was quick to withdraw the writ petition..While disposing of the writ petition as withdrawn, the Court reminded the ED that if it has started worrying about its own fundamental rights being a government agency, it should start worrying about the fundamental rights of citizens too. .Pertinently, the top court had earlier criticised the ED's conduct in other matters relating to Tuteja, with respect to the manner in which he was summoned and thereafter arrested..[Read Live Coverage].[Read Order]