Chhattisgarh liquor scam: Ex-IAS Anil Tuteja withdraws plea challenging arrest by ED

The Supreme Court on Friday allowed former Chhattisgarh bureaucrat Anil Tuteja to withdraw his plea challenging legality of his arrest by Enforcement Directorate (ED) in connection with the Chhattisgarh liquor scam [Anil Tuteja and Another v. Union of India and Others]..A Bench of Justices Abhay S Oka and Augustine George Masih granted permission to Tuteja to prefer a bail plea instead.However, while allowing withdrawal, the Court took exception to the ED's conduct in the matter regarding how Tuteja was summoned and thereafter arrested. "Learned counsel for petitioners seeks permission to withdraw and file petition for applying for bail. This deserves to be accepted. The disturbing feature of this case is that the petitioner was sitting at the CBI office in Raipur. He was summoned to appear at 12 pm. Another summon was served when he was at ACB officer and then he was asked to appear in ED office at 4:30 pm and interrogated all night and arrested at 5 am. The facts are glaring. ASG says remedial measures taken by ED and a press release issued so that such occurrences do not occur," the Court noted.The Court then recorded that the plea is being withdrawn for Tuteja to apply for bail."If such a plea (for bail) is filed then let it be decided expeditiously," the Court said in its order..The Court was hearing a plea by Tuteja challenging the Chhattisgarh High Court's refusal to quash cases of cheating, forgery, bribery and others offences under the Prevention of Corruption Act registered by Anti-Corruption Bureau (ACB) and money laundering case registered by the ED.On August 20, the High Court had refused to quash the cases lodged in connection with the scam.The top court had on September 10 issued notice on appeal filed against High Court order.Notably, the Supreme Court had in April quashed a money-laundering case against Tuteja and others in connection with the liquor policy scam.A bench of Justices Abhay S Oka and Ujjal Bhuyan had said in that matter that there was no predicate offence and hence, money laundering case under PMLA could not have been registered by the ED.In his present plea, Tuteja challenged the registration of the second case, contending that it was based on the same material as the first case..During the hearings, the apex court raised questions on the hurried approach of ED in issuing summons to Tuteja during the pendency of the probe by Anti-Corruption Bureau (ACB). "Please see how ED acted. You summoned to him to appear at 12 noon. Those summons were actually served after 12 noon. Those persons were at ACB office and in that office only you summon them to appear in ED office at 5:30 PM. How can you do this? Why should ED officers accompany these persons from ACB to ED office? Why they are accompanying and what was the hurry? This is not the way to arrest a person," Justice Oka had remarked during one of the previous hearings.The Court also raised concerns over ED interrogating Tuteja for one whole night.In response, Additional Solicitor General SV Raju, appearing for ED, had informed the Court of the remedial circular enacted by the agency to ensure that such approach is not followed again..Tuteja eventually withdrew the plea to seek bail before the appropriate forum..[Read live coverage below]