Supreme Court Issues Notice On ED Plea To Cancel Anup Majee’s Bail In ₹2,700-Crore Coal Scam

The bench of Justice Vikram Nath and Justice Sandeep Mehta heard detailed arguments from both sides before deciding to seek a response from the accused.

During the hearing, Additional Solicitor General S.V. Raju strongly opposed the bail granted to Majee, terming him the “kingpin” of a large-scale illegal coal mining racket involving alleged plunder of national resources.

“This is a gross case. National resources have been plundered. ₹2,700 crores… he is the kingpin,” Raju submitted, arguing that the accused had initially absconded and was not cooperating with the investigation.

Senior Advocate Siddharth Dave, appearing for Majee, opposed the ED’s plea and submitted that he had appeared multiple times during the course of proceedings. “I have been there 23 times,” he told the Court, asserting that custodial detention was not necessary.

He also argued that in the predicate offence he had already been granted protection, and cautioned that the proceedings risked becoming infructuous in light of the evolving legal developments.

At one stage, the bench questioned the submission, remarking, “You predicted the results before the votes were cast?” in response to arguments regarding anticipated outcomes of the case. The bench also orally observed that it would consider directing the trial court to conclude the proceedings expeditiously.

As arguments intensified, the Court noted that the matter appeared to be unnecessarily prolonged. “Mr. Raju, you’re dragging this matter,” the bench observed during the hearing.

Raju reiterated that Majee was the main accused and had played a central role in the alleged scam involving massive illegal extraction and sale of coal resources.

After hearing both sides, the Supreme Court issued notice on the ED’s plea challenging the grant of bail and listed the matter for further hearing.

The case originates from a 2020 FIR registered by the Central Bureau of Investigation (CBI), which alleged large-scale illegal excavation and theft of coal from leasehold areas of Eastern Coalfields Limited (ECL). Based on the FIR, the ED registered an Enforcement Case Information Report (ECIR) on November 28, 2020 under the Prevention of Money Laundering Act (PMLA).

While the CBI’s predicate investigation is being examined in West Bengal and has been separately challenged before the Calcutta High Court, the ED proceedings were pursued before courts in Delhi, including the Special PMLA Court at Patiala House.

In the ED proceedings, Majee approached the Delhi High Court seeking anticipatory bail. The High Court noted that he had already appeared before the agency on multiple occasions and observed that no arrest had been made despite the filing of prosecution complaints. It held that the statutory “twin conditions” under Section 45 of the PMLA stood satisfied and granted him protection from arrest.

The Enforcement Directorate has now challenged this order before the Supreme Court.

Before the apex court, the ED has alleged that Majee was a key organiser of a syndicate involved in illegal mining and transportation of stolen coal. It has claimed that coal worth over ₹2,742 crore was illegally extracted from ECL leasehold areas as part of a coordinated operation. The agency has further alleged that it recovered financial records maintained by Majee’s accountant, purportedly reflecting proceeds of crime generated through the illegal mining activities. According to the ED, the syndicate also operated through shell companies with dummy directors to layer and launder illicit funds.