Today, On 5th August, In the Chhattisgarh liquor scam case, the Supreme Court told former IAS officer Anil Tuteja, “You will never get bail if we go in merits,” stressing only long incarceration may be considered for relief.
New Delhi: The Supreme Court of India heard the bail plea of former IAS officer Anil Tuteja, who is accused in the alleged liquor scam case in Chhattisgarh.
The matter was taken up by a Bench of Justice M.M. Sundresh and Justice Nongmeikapam Kotiswar Singh.
Senior Advocate Meenakshi Arora, appearing on behalf of Tuteja, strongly argued that her client has already been in jail for a very long time. She informed the Court that Tuteja has been in custody for around one and a half years. She added that all the other accused persons in the case have already been granted bail, except for Anil Tuteja and another individual named Anwar Dhebar.
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In support of her arguments, Arora told the Bench,
“Despite five raids being carried out, not even a single rupee has been recovered.”
She also pointed out that,
“Till date, no sanction has been granted against me. There is no allegation of witness tampering, and no court has taken cognizance yet.”
After hearing these submissions, Justice J. Sundresh made a sharp remark and said,
“That shows how resourceful you are.”
Arora then shared some personal background and stated,
“I am in jail. I was an IAS officer earlier, but I have been retired for the last two years.”
Justice Sundresh, however, clarified that the Court may not be inclined to grant bail based on the legal merits of the case.
He said,
“You will never get bail if we go in merits. The only thing we can consider is the prolonged duration of your incarceration.”
Advocate Arora further argued that even though the case is related to a liquor scam,
“The distillers haven’t even been named as accused, nor have the excise commissioner or excise officers been implicated.”
She stressed that her client’s involvement was limited only to the policy-making aspect and he has already been in custody for 470 days.
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The counsel also suggested that the related cases could be combined and decided together to avoid delays. Agreeing to this suggestion, the Bench responded,
“That’s what we are saying.”
Later, Arora requested the Court to give an earlier hearing date. She said,
“Can I at least get an earlier date? It is more than a month since now.”
However, the Bench denied the request and replied,
“No madam, the jail is easier for people like you.”
In response, another counsel involved in the matter added,
“Yes, if we get into what he has been doing in jail….”
After hearing all sides, the Supreme Court listed the matter for further hearing on 16th September.
Earlier, on 8th April, the Supreme Court of India criticised the Enforcement Directorate (ED) for filing a writ petition under Article 32 of the Constitution.
The case began based on a 2022 charge sheet filed by the Income Tax Department in a Delhi court.
According to the ED, officials were collecting bribes from distillers based on the number of liquor cases bought from Chhattisgarh State Marketing Corporation Limited (CSMCL). The ED said that country liquor was being sold off the books, and that distillers were allowed to form cartels and fix their market shares by paying bribes.
Case Title: ANIL TUTEJA v. STATE OF CHHATTISGARH, SLP(Crl) No. 17659/2024