The Supreme Court on Monday dismissed former Chhattisgarh Chief Minister Bhupesh Baghel’s petition seeking to restrict the Enforcement Directorate’s (ED) powers to conduct further investigations under the Prevention of Money Laundering Act (PMLA). The court upheld the validity of Section 44 of the Act, stating that the statute itself is sound, though its misuse could be a concern.
A Bench of Justices Surya Kant and Joymalya Bagchi observed, “The devil is not in the law but in the abuse,” and clarified that allegations of misuse should be addressed before the High Courts. The ruling reinforces the ED’s investigative authority while acknowledging the need for judicial oversight to prevent arbitrary action.
Justice Bagchi stressed that an investigation’s purpose is to uncover facts, not merely target individuals. “The essence of a probe is truth-seeking, not mere accusation,” he remarked. The Bench noted that while the ED should obtain prior approval from the special PMLA court before filing supplementary complaints, failure to do so reflects procedural non-compliance, not a flaw in the law.
Senior advocate Kapil Sibal, appearing for Baghel, argued that repeated supplementary complaints were unnecessarily prolonging the trial. Justice Kant countered that in some cases, further investigation could even serve the accused’s interest, provided due process is followed.
Baghel, who is under ED investigation in alleged money laundering cases, has accused the agency of pursuing a politically motivated campaign to damage his reputation. The court declined to intervene, pointing to existing legal safeguards, including the right to seek relief from the High Court.
Baghel’s legal challenge may now shift to the Chhattisgarh High Court, where he can contest any specific procedural violations by the ED. For the BJP-led government as well as the ED, the ruling is likely to be seen as a judicial endorsement of the agency’s mandate. For the opposition, the battle over the alleged misuse of central agencies will now have to be fought simultaneously in both the political and legal arenas.