Top court jabs Baghels, asks them to approach High Court first: Where will poor go?
In a stinging remark on the perceived inequality in access to justice, the Court noted, 'This only arises when an affluent person is involved. Where will the poor person go? If this continues, the ordinary litigant, the ordinary lawyer, will have no space in the Supreme Court.'SUPREME COURT TO CHAITANYA BAGHEL: MOVE HIGH COURT FIRSTThe court directed Chaitanya Baghel, son of Bhupesh Baghel, to approach the High Court first in the matter related to the ED probe.The court asked Chaitanya Baghel to move the High Court with his plea seeking quashing of proceedings and all his statements recorded in the recent money laundering probe. In a parallel plea by Bhupesh Baghel alleging systemic misuse of investigative powers by central agencies, the bench refused to entertain the petition.The court also asked Bhupesh Baghel to approach the High Court with his plea alleging his illegal implication in 13 different cases, including the alleged coal scam, Mahadev betting app case, Chhattisgarh liquor scam, rice milling and NAN FIR by EOW, Manpower FIR etc.Bhupesh Baghel's plea, now withdrawn, challenged the conferment of powers to agencies to conduct 'further investigation' under Section 173(8) of the Code of Criminal Procedure, 1973 and Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the same has been done in the absence of adequate procedural safeguards.The only plea that remains pending before the bench is Bhupesh Baghel's challenge to Section 50 and 63 of the Prevention of Money Laundering Act, 2002, seeking declaration that ED officers have no powers to conduct 'further investigation' under the PMLA. The court also granted liberty to Chaitanya Baghel to file a fresh petition before the Supreme Court.KAPIL SIBAL'S CHARGE: PIECEMEAL CHARGESHEETS, SYSTEMATIC ABUSEAppearing for Bhupesh Baghel, Senior Advocate Kapil Sibal argued that central agencies are filing piecemeal chargesheets and the practice is becoming a 'countrywide problem.'The court observed that it appreciates the concern that, with power being so plenary, there are possibilities of abuse and hounding innocent individuals, but the question is not of vires here.advertisementThe Additional Solicitor General, appearing for probe agencies, questioned the maintainability of Bhupesh Baghel's petition, stating that he is not concerned with this investigation.The court responded by asking him to make a statement that Bhupesh Baghel is not connected to the case. When that statement was not made, the court remarked, "You are not clear. We can't take away a person's right to approach court."- EndsTune InMust Watch
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