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The Supreme Court said on Wednesday (December 10) that just because someone is a top bureaucrat, they cannot bypass the High Court and directly appeal to the Supreme Court. The court severely reprimanded a former IAS officer, stating that simply being a top bureaucrat does not entitle one to bypass the High Court and approach the Supreme Court directly.
A bench of Supreme Court Chief Justice (CJI) Surya Kant, Justice Ujjal Bhuyan, and Justice N.K. Singh was hearing a petition filed by former IAS officer Anil Tuteja against his arrest by the CBI and ED in connection with various alleged scams in Chhattisgarh. CJI Surya Kant made these remarks during the hearing.
High Court had dismissed Anil Tuteja’s petition
A batch of cases filed by the accused in the Chhattisgarh liquor scam and coal scam were listed before the Supreme Court. Anil Tuteja had filed a Special Leave Petition (SLP) challenging the Chhattisgarh High Court’s order dismissing his writ petition seeking protection against any further criminal proceedings against him. The High Court had dismissed the former officer’s petition on the grounds that the petitioner had other remedies available, such as applying for anticipatory bail or quashing the case, should any future case arise.
CJI’s remarks
According to reports, the bench led by the CJI noted that Tuteja had filed this petition seeking a pre-emptive direction that no further FIR be registered against him or that he not be arrested in the future. On this, the CJI said that no omnibus direction could be given, and the petitioner would have to make his case on a case-by-case basis.
Advocate Meenakshi Arora, appearing for the former IAS officer, submitted that according to a previous order of a coordinate bench of the Supreme Court, the petitioner was allowed to file a bail application in the High Court. After being in custody for more than two years, she said that the petitioner’s application was now expected to be reconsidered. Interrupting at this point, the CJI said, “Each of them (the other accused) has had their case referred from the High Court; you should apply there. If you don’t get relief there, then you can come here.”
Hearing in January
CJI Kant further stated that it would be wrong to allow the petitioner to come directly to the Supreme Court simply because he is a senior IAS officer. He said, “Just because you are a senior bureaucrat, should the Supreme Court be open to you?” To this, advocate Meenakshi Arora replied that this was not the case. The CJI said, “Then you should have gone to the High Court first.” The bench then listed the batch of petitions for hearing in January.
