The Supreme Court Yesterday (April 10th) directed Congress leader Dharam Singh Chhoker to appear before the Enforcement Directorate in connection with a money laundering case filed against him. And asked ED to move application for Congress MLA’s arrest.
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NEW DELHI: The Supreme Court Yesterday mandated Congress leader Dharam Singh Chhoker to present himself before the Enforcement Directorate (ED) in connection to a money laundering case charged against him. This directive came amidst proceedings wherein Chhoker sought to have the money laundering accusations dismissed. The Court stipulated his appearance at the ED’s Delhi office on April 12 at 11 a.m., and also on any other dates deemed necessary by the investigating agency.
A bench led by Justice Sanjiv Khanna, however, orally granted Chhoker limited protection from arrest, by asking the Enforcement Directorate to file an application before the Supreme Court first if they want to arrest him.
An interesting development arose during the hearing, wherein the Court indicated—though not formally recorded in its order—that should Chhoker fail to appear as instructed on April 12, the ED would be required to file a formal application to the Court to seek his arrest. This requirement places a procedural safeguard for Chhoker, ensuring any decision to arrest him would need judicial oversight.
The query of whether an arrest was imminent for Chhoker was raised, with the ED’s counsel, Additional Solicitor General SV Raju, indicating that such an action would depend on the evidence in possession of the agency. In response to concerns voiced by Chhoker’s counsel, Senior Advocate Sidharth Luthra, about the potential timing of an arrest given the proximity to elections, the Court stated,
“If you want to arrest, move an application before court. Since 2021, you haven’t arrested him,”
-highlighting the duration since the initiation of the case without an arrest.
Raju countered by describing Chhoker as “absconding”, a claim that adds a layer of complexity to the legal proceedings. Further complications were noted by the Court regarding the management of Enforcement Case Information Reports (ECIRs), observing that the ED might have consolidated the second ECIR with the first FIR to streamline the process. The Court also hinted that the ED should clarify its stance regarding the second ECIR in their actions against Chhoker.
Chhoker’s legal team, comprised of advocates Tanya Srivastava and Anmol Kheta, argued that the basis for the money laundering case was invalidated when the high court quashed the predicate offence. This argument raises questions about the legitimacy of the ED’s case, suggesting that without a predicate offence, the concept of proceeds of crime becomes moot.
The narrative further unfolds with the ED having previously summoned Chhoker, leading to non-bailable warrants and the initiation of proclamation proceedings against him. Despite these measures, a formal proclamation has yet to be issued, with the case set for review before the trial court on April 15.
This sequence of events underscores the intricate balance between law enforcement procedures and the rights of individuals under investigation, set against the backdrop of political implications and judicial oversight.
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