ED withdraws plea from SC seeking transfer of two coal scam accused from Chhattisgarh
NEW DELHI: The Enforcement Directorate (ED) has recently withdrawn its plea from the Supreme Court seeking a direction to transfer two accused in the coal scam levy case out of Chhattisgarh.
Last week (February 9), the Additional Solicitor General (ASG) and senior law officer, S V Raju, appearing for the ED, told the Bench of the Top Court headed by Justice Surya Kant and also comprising Justice KV Viswanathan that he had instructions from the probe agency to withdraw the petition. "Now, the agency has decided not to pursue the plea for transfer," he said.
After hearing his plea, the Court in its order permitted the same and the ED's plea was withdrawn accordingly.
In October 2022, after conducting the raids, the ED arrested coal businessman Sunil Agrawal, his uncle Laxmikant Tiwari, and 'kingpin' Suryakant Tiwari, along with certain IAS (Indian Administrative Service) Officers for allegedly extorting a levy of Rs 25 per tonne for transportation of coal in Chhattisgarh, with funds reaching Rs.500 crores within 16 months. This money was being layered illegally for election funding, bribes and similar related issues.
In October 2023, the ED knocked on the doors of the Apex Court praying that Laxmikant Tiwari and Agrawal be moved out of Chhattisgarh, as though they were in judicial custody and claimed that a substantial amount thereof had been spent by them for their hospitalization.
The agency alleged that the accused duo's hospitalization was without any genuine reason. The two accused were being extended "special" facilities (non-maintenance of visitors register, non-deployment of guards outside rooms).
"Accused keep shuffling from one department of the hospitals to the other department indicating non-genuine reporting and are inventing disease to prolong hospital stay to spend time outside the jail," the agency in its petition filed before the Apex Court.
The agency further corroborated to substantiate its claim before the apex Court that out of a total of 252 days in judicial custody, Tiwari had spent 203 in a private hospital. The other accused, Agarwal remained in hospital for 68 out of 240 days.