The Chhattisgarh Coal Scam investigation took a surprising turn when the authorities decided not to relocate key individuals involved. With a change in government, there’s speculation about political influences making the corruption case more complex.
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Chhattisgarh Coal Scam, the Enforcement Directorate (ED) has recently taken a step back by withdrawing its request for the transfer of two key accused from the state.
The case, which came to light in 2022, exposed a deep-rooted cartel comprising senior bureaucrats, influential businessmen, politicians, and intermediaries. This network was accused of imposing an unlawful levy of Rs. 25 per tonne on coal transportation within Chhattisgarh, amassing a staggering sum of Rs. 500 crores over 16 months. According to the ED, this enormous fund was allegedly channeled into election campaigns and used for bribing purposes, unveiling a grim picture of corruption and misuse of power.
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The investigation took a significant turn in July 2022 when the Income Tax Department initiated an FIR, later incorporating Section 384 of the Indian Penal Code (IPC), a move that brought the case under the ambit of the Prevention of Money Laundering Act (PMLA). The ED’s subsequent registration of an Enforcement Case Information Report (ECIR) marked the commencement of a full-fledged money laundering investigation.
Section 384 of the Indian Penal Code (IPC)–
Extortion is the criminal act of compelling individuals to relinquish their property, money, or assets through the use of threats or force. According to this provisions, individuals convicted of extortion may be subject to imprisonment for a period of up to three years, a monetary fine, or a combination of both as prescribed punishment.
The probe’s intensity escalated in October 2022 with a series of raids leading to the arrest of notable figures including IAS officer Sameer Vishnoi, coal magnate Sunil Agrawal, his uncle Laxmikant Tiwari, and the alleged mastermind Suryakant Tiwari. The arrest of Saumya Chaurasia, the Deputy Secretary to the then Chief Minister Bhupesh Baghel, further underscored the case’s political ramifications.
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In October 2023, the Enforcement Directorate asked the Supreme Court to intervene in the transfer of Tiwari and Agrawal from Chhattisgarh. In the Agency’s view, the two accused were able to spend considerable time in hospital under difficult circumstances despite being in custody, indicating the misuse of influence within the State for the purpose of obtaining “special” treatment.
The petition highlighted –
“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 ED’s allegations pointed to a systemic manipulation, with Tiwari spending 203 out of 252 days in judicial custody in a private hospital, and Agrawal hospitalized for 68 out of 240 days. This maneuver was seen as an attempt to evade jail time under the guise of health issues.
However, in a surprising turn of events on February 9, Additional Solicitor General SV Raju informed the Supreme Court bench, led by Justices Surya Kant and KV Viswanathan, of the ED’s decision to withdraw the transfer petition. The court accepted this withdrawal, leading to the dismissal of the plea.
This withdrawal coincides with the political shift in Chhattisgarh, where a new government took office in December 2023, succeeding the Congress regime led by Bhupesh Baghel. The previous government had been in a contentious battle with the ED over the coal scam, making the timing of the petition’s withdrawal noteworthy.
