'Only Because You Are A Senior Bureaucrat, Supreme Court Should Be Open For You? : SC Asks Ex-IAS Officer

The Supreme Court on Thursday observed that just because somebody is a top bureaucrat, they cannot directly approach the Supreme Court bypassing the High Court.

The bench of CJI Surya Kant, Justices Ujjal Bhuyan and NK Singh was hearing a petition filed by former IAS officer Anil Tuteja against arrests by CBI, ED in cases related to various alleged scams in Chhattisgarh.

The batch of cases filed by accused in the Chhattisgarh liquor scam and coal scam cases were listed.

Anil Tuteja has filed the SLP challenging the order of the Chhattisgarh High Court, which declined the writ petition filed by him seeking protection from any further criminal actions against him. 

The High Court dismissed the petition on the ground that the petitioner had the alternate remedy of applying for anticipatory bail/ quashing cases as and when any future instance arises. 

The bench led by CJI noted that Tuteja has filed the present plea seeking a pre-emptory direction that no further FIR shall be registered against him or that he should not be further arrested.

The CJI remarked that an omnibus direction cannot be made, and that the petitioner has to make out his cases on a one-on-one basis. 

Sr Advocate Meenakshi Arora, appearing for Tuteja, submitted that as per the past order of a co-ordinate bench of the Top Court, the petitioner was allowed to move a bail application before the High Court. Having been in custody for a period of over 2 years, she argued that now the petitioner's application is expected to be considered in that regard. 

"My lords, I do not want a situation, that no sooner, when I step out in that matter, I find myself facing these particular FIRs ...I have been in custody for more than 2 years, not once have they asked for my remand in any of the cases. In fact, they cannot become an insurance matter- the minute I come out, then I am sought in for something else." 

The CJI interjected, pointing, "each one of them (other accused) has routed their case through the High Court, you apply there, if you do not get, then you come here." 

He added that it would be incorrect to allow the petitioner to directly come before the Supreme Court only on the premise that he is a senior IAS officer. 

"Only because you are a senior bureaucrat, therefore the Supreme Court should open for you?" 

Arora replied: "That's not the case mylords" 

CJI said : "Then you should first go to High Court." 

The bench ultimately listed the batch of pleas in the month of January. 

Case Details : ANIL TUTEJA Versus DIRECTORATE OF ENFORCEMENT AND ORS.| Diary No. 35985-2025