SC Questions ED’s Plea Under Article 32, Highlights People’s Fundamental Rights

The Supreme Court on Friday took a critical view of the Enforcement Directorate (ED) for filing a writ petition under Article 32 of the Constitution, emphasizing that the agency should also consider the fundamental rights of citizens.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan raised concerns over the agency’s petition, which sought the transfer of the Nagrik Apurti Nigam (NAN) scam case from Chhattisgarh to New Delhi. The court questioned how the ED could invoke Article 32, a provision intended for individuals seeking enforcement of their fundamental rights.

Article 32 of the Indian Constitution guarantees the ‘Right to Constitutional Remedies,’ enabling individuals to directly approach the Supreme Court in cases of fundamental rights violations.

During the hearing, Additional Solicitor General S.V. Raju, representing the ED, requested the court’s permission to withdraw the plea. Defending the agency, he stated, "ED also has fundamental rights."

Responding to this, the bench remarked, "In a lighter vein, if ED has fundamental rights, it should think about fundamental rights of people too."

Following this exchange, the court permitted the withdrawal of the petition, reports said.

The court’s remarks come amid growing concerns from activists, public figures, and opposition parties, who allege that independent agencies like the ED are being used by the Union government to suppress dissent and target political rivals in violation of fundamental rights.

The NAN scam case revolves around alleged irregularities in Chhattisgarh’s public distribution system. The ED registered a complaint in 2019 under the Prevention of Money Laundering Act (PMLA) based on an FIR and chargesheet filed by the Chhattisgarh police’s Economic Offences Wing and the Anti-Corruption Bureau.

The alleged scam first came to light in February 2015 when the state’s anti-corruption bureau raided offices of NAN—the nodal agency overseeing the public distribution system—and seized unaccounted cash amounting to Rs 3.64 crore.