Bhupesh Baghel’s son moves Supreme Court challenging arrest by ED and PMLA provisions

Former Chhattisgarh Chief Minister Bhupesh Baghel’s son Chaitanya Baghel has approached the Supreme Court challenging his arrest by the Enforcement Directorate (ED) in connection with a liquor scam..He has also filed a separate petition assailing key provisions of the Prevention of Money Laundering Act (PMLA) for violating fundamental rights.Both petitions are listed tomorrow before a Bench of Justices Surya Kant and Joymala Bagchi..The liquor scam, estimated at over ₹2,000 crore, involved politicians, excise officials, and private operators who manipulated the state’s liquor trade between 2019 and 2022.Baghel is accused of laundering part of the proceeds of crime through shell companies and real estate investments..In his writ petition filed under Article 32 of the Constitution, Baghel has questioned the constitutional validity of Sections 50 and 63 of the PMLA, arguing that they infringe Articles 14, 20(3), and 21 of the Constitution. According to the plea, these provisions empower the ED to compel individuals to make self-incriminating statements without the procedural protections available under the Code of Criminal Procedure (CrPC).As per the petition, statements recorded under Section 50 are often obtained under coercion and used against accused persons, which violates the protection against self-incrimination. .In his separate special leave petition, Baghel has challenged the October 17 order of the Chhattisgarh High Court that dismissed his plea against arrest.The High Court had said though that the ED conducted further investigation without mandatory permission of the jurisdictional court, the same was only a procedural irregularity.Therefore, it had denied relief to Baghel.Baghel’s appeal argues that procedural irregularity renders the entire process void and the arrest illegal..He has further alleged that his arrest on July 18 was based solely on coerced statements of co-accused individuals while several others facing graver allegations were not arrested.Earlier this week, a special PMLA court in Raipur had rejected his bail plea, observing that the investigation is at a crucial stage..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.