Coal scam case: CBI witness moves SC after ED names him accused in linked case, claims violation of fundamental right

The "differing actions" of the two investigating agencies in related matters are "inherently contradictory", he contended.

New Delhi: Claiming potential violation of his fundamental right, a man listed by the CBI as a witness in a coal scam case has approached the Supreme Court against the Enforcement Directorate’s decision naming him as an accused in the linked money laundering case, calling the action of the two federal probe agencies “inherently contradictory”.

An apex court bench of Justices Aniruddh Bose and Bela M Trivedi has issued notice to the ED on a petition by Goutam Karmakar, who has questioned the anti-money laundering agency’s action wondering how could it make him an accused in a predicate offence when he is not facing any investigation by the CBI or other agencies for the schedule offence. A predicate offence is a component of the larger crime.

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Karmakar has contended in his petition there is likelihood of his fundamental right under Article 20(3) of the Constitution, which says no person accused of an offence shall be compelled to be a witness against himself, being violated, as averments made by him as a CBI witness can be used against him by the ED.

Karmakar’s counsel Vijay Aggarwal told the apex court while advancing his arguments that his client is a CBI witness in the “same series of events and transactions” for which he has been arrayed as an accused by the ED.

The “differing actions” of the two investigating agencies in related matters are “inherently contradictory”, he contended.

Seeking quashing of the ED proceedings against Karmakar, Aggarwal, who appeared with advocate Yugant Sharma, argued the anti-money laundering agency and CBI are “at complete odds” with each other in the case, which will lead to violation of his fundamental right against self-incrimination as guaranteed under Article 20(3) of the Constitution of India. He said Karmakar’s evidence and testimony recorded as a witness will be directly and indirectly used against him by the ED.

The petition said it is an essential question of law which needs to be settled by the Supreme Court as two investigating agencies cannot take two different stands on the same set of facts.

If a person named in a criminal activity relating to a scheduled offence is finally absolved by a court of competent jurisdiction owing to an order of discharge, acquittal or because of quashing of the criminal case (scheduled offence), no action can be taken against him for money laundering, Aggarwal contended.

The ED had arrested Dinesh Arora, a businessman, in a Delhi excise policy case a couple of months ago even after he was made an approver by the CBI in a related case.

After hearing the arguments, the apex court issued notice to the ED which is returnable in two weeks.