SC refuses ex-CM Bhupesh Baghel's plea alleging politically driven PMLA case
Baghel told Supreme Court that he faces an imminent threat of coercive actions, including arrests, driven by political vendetta.;
The Supreme Court today refused to entertain a petition filed by former Chief Minister of Chhattisgarh, Bhupesh Kumar Baghel, alleging systemic misuse of investigative powers under Section 173(8) of the Code of Criminal Procedure, 1973 (CrPC), and Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Bhupesh Baghel and his son Chaitanya Baghel are both accused in the alleged liquor scam of Chhattisgarh.
A bench of Justices Surya Kant and Joymalya Bagchi today asked Baghel to approach the High Court. "Why should we hear the facts at all? For what purpose are High Courts there? This abnormality is arising only in cases of affluent persons. Where will poor persons go?" Justice Kant said today.
Baghel's son, Chaitanya Baghel was also arrested in the money laundering case recently. ED has alleged that Chaitanya was involved in handling over Rs 1,000 crore of illegal money made from the suspected liquor scam in the state. ED claims he used Rs 16.7 crore for developing his real estate project.
The petitions challenged the powers of the CBI and the ED to arrest and investigate accused individuals and their jurisdictions in these cases.
"These provisions, which permit ‘further investigation’ without adequate procedural safeguards, confer unfettered discretion on investigating agencies, enabling arbitrary and prolonged investigations that violate the fundamental rights to equality, personal liberty, and fair trial under Articles 14, 20, and 21", the petition argued.
Baghel argued that the absence of mandatory judicial oversight and statutory timelines allows agencies to file incomplete and piecemeal chargesheets, frustrating the indefeasible right to default bail under Section 167(2) CrPC and Section 187(3) BNSS.
He further challenged piecemeal or successive supplementary chargesheets which defeat the right of statutory default bail under Section 167(2) Cr.P.C. or Section 187(3) BNSS.
"This practice, affecting thousands of undertrial prisoners nationwide, erodes public trust in the criminal justice system and necessitates urgent judicial intervention to curb investigative excesses and ensure compliance with constitutional mandates", court was told.
Notably, since 2015, Baghel has been named in 12 FIRs. He has stated that the filing of multiple chargesheets against specific individuals, as seen in many cases including in FIR No. 04/2024 (Chhattisgarh Liquor FIR) with chargesheets filed between July 2024 and June 2025 covering only subsets of accused, indicates a deliberate strategy to prolong proceedings and circumvent statutory protections, violating the principle that investigations pertain to the offence, not the offender.
Court was further told the investigating agencies are filing incomplete chargesheets with recitals of ongoing ‘further investigation’, to defeat the right to default bail, a fundamental right under Article 21.
Alleging political vendetta, the petition submitted, "Recently, the CBI conducted search and seizure operations at his premises, heightening his apprehension of arbitrary detention. Moreover, the son of the Petitioner, on 18.07.2025, has been arrested by the Enforcement Directorate. The absence of effective mechanisms to regulate further investigations leaves accused persons vulnerable to harassment and indefinite detention, as agencies operate with unchecked discretion. This systemic failure not only prejudices the Petitioner but also undermines the rule of law, as agencies appear to act with bias rather than impartiality, eroding public confidence in the justice system.".
Baghel argued that ED has failed to conclude investigation without delay and is taking coercive actions selectively, as per the political whip. "The Respondents have been malafidely and illegally filing chargesheets/prosecution complaints in piece-meal and taking coercive actions including arrest against many individuals even after filing of chargesheets/prosecution complaints. The incomplete chargesheets are being filed without conclusion of investigation to frustrate the rights under Section 187(3) of BNSS (167(2) of Cr.P.C.) and the agencies are sleeping over investigations and are selectively arresting individuals as per the political whip.", court has been told.
Case Title: Bhupesh Kumar Baghel vs. Union of India
Hearing Date: August 4, 2025
Bench: Justices Kant and Bagchi