NEW DELHI: The Supreme Court on Friday said it will examine the serious allegations of Enforcement Directorate and Chhattisgarh govt that Nagarik Apurti Nigam (NAN or PDS) scam accused ex-bureaucrats Anil K Tuteja and Alok Shukla allegedly influenced a HC judge for getting anticipatory bail.
A bench of Justices A S Oka and A G Masih repeatedly asked additional solicitor general S V Raju for evidence on two counts – whether the ex-bureaucrats have misused the bail granted to them to tamper with evidence and for allegedly influencing the HC judge for getting pre-arrest bail in the scam.
Raju said the evidence was filed in a sealed cover by the ED but the bench was unable to trace it. Raju offered to file it afresh. Senior advocate Mahesh Jethmalani, appearing for Chhattisgarh govt, said the state in its affidavits have annexed details of WhatsApp chats to show the nexus between the ex-bureaucrats, the then advocate general of the state and the judge.
Appearing for the accused, senior advocate Mukul Rohatgi said Chhattisgarh govt has no role in the case as it was between the accused and the ED and wondered why it has filed the affidavit in the case.
Jethmalani said the then AG of the state had participated in the perpetration of the fraud and facilitated grant of bail in subversion of established judicial process. Rohatgi said these affidavits are meaningless in the proceedings pending before the court as the ED is seeking shifting of the trial of the case outside the state.
While posting next hearing in the case to Nov 8, the bench said it must examine the evidence furnished by the ED and state govt on the alleged nexus between the accused, former AG and the judge.
“We will examine it as the charge is against the judicial system,” the bench said. Raju said, “These kinds of termites should not be allowed to weaken the judicial system.”
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