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Chhattisgarh liquor scam case: SC grants interim bail to Anwar Dhebar, bars him from staying in state
The CJI-led bench permitted Dhebar to enter Chhattisgarh only for attending trial and court proceedings.
The Supreme Court on Wednesday granted interim bail to businessman Anwar Dhebar in a case linked to the alleged Chhattisgarh liquor scam, while directing him to remain outside the state during the bail period and cooperate with the investigation by sharing his address and contact details with the investigating officer.
A bench headed by Chief Justice of India (CJI) Surya Kant passed the order after considering confidential material submitted by the Chhattisgarh government in a sealed cover. The bench also comprising justices Joymalya Bagchi and V Mohana permitted Dhebar to enter Chhattisgarh only for attending trial and court proceedings.
Senior advocate Mahesh Jethmalani, appearing for the Chhattisgarh government along with state additional advocate general Ravi Sharma, opposed the bail plea, raising serious concerns over Dhebar’s release. The state submitted confidential information in a sealed cover, which the court examined before passing its order.
Appearing for Dhebar, senior advocate Mukul Rohatgi objected to the sealed-cover procedure.
However, the bench observed, “The state has relied upon confidential information. However, balancing the petitioner’s right of liberty, we direct that the petitioner be released on interim bail.”
The order further stated, “While on bail, he shall remain outside the state and provide information of his address and contact number outside the state to the investigating officer.” The court clarified that Dhebar would be permitted to enter the state only for participating in the trial and attending court proceedings.
Rohatgi argued that the defence was unaware of the material produced by the state and questioned the basis for directing Dhebar to remain outside Chhattisgarh. He submitted that multiple cases had been registered against his client one after another to keep him in custody.
Responding to the submissions, the bench said, “The course we are adopting is in the interest of the institution. As of now, the material produced before us is sensitive. We are fully conscious of your rights but we cannot disclose anything as of now as it is sensitive information. Let him leave the state even as he can remain out on bail.”
Dhebar had approached the apex court against the Chhattisgarh high court’s May 13 order rejecting his bail plea. He is already out on bail in several other cases, including those linked to the alleged Chhattisgarh liquor scam, in which the state has filed eight charge sheets.
According to the prosecution, Dhebar exercised undue control over the administration and financial functioning of the Chhattisgarh State Marketing Corporation Limited (CSMCL) and exploited his influence by orchestrating the clearance of bills submitted by manpower agencies in exchange for illegal gratification.
Rejecting his bail plea, the high court had observed, “Premature release of an accused alleged to be a central conspirator may adversely affect the course of investigation.” Relying on the prosecution’s case, it further held, “This court also cannot ignore the apprehension expressed by the prosecution that the applicant is an influential person possessing substantial political and financial clout. The investigation is stated to be continuing with regard to tracing proceeds of crime, identification of benami assets and involvement of other persons. In such circumstances, the possibility of influencing witnesses or obstructing further investigation cannot be ruled out.”
The state had alleged that Dhebar imposed a fixed percentage of commission on bills submitted by manpower agencies engaged by CSMCL for loading, shipment and transportation of liquor bottles. According to the prosecution, no bills were cleared unless the agencies paid the demanded commission, which allegedly went directly to Dhebar, who was also accused of playing a key role in increasing the commission rates.
