The Supreme Court of India.
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New Delhi: The Supreme Court on Tuesday granted interim bail to Congress MLA and former Chhattisgarh excise minister Kawasi Lakhma in two separate alleged liquor scam cases lodged by the Enforcement Directorate and the Chhattisgarh Police.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi considered the fact that the former minister has been in jail since his arrest by the ED on January 15, 2025, in connection with money laundering charges.
The court noted that indefinite incarceration may infringe rights flowing from Article 21 of the Constitution.
Senior advocates Mukul Rohatgi and Siddharth Dave appeared for the petitioner, and senior advocate Mahesh Jethmalani on behalf of the state government.
It was contended on behalf of the petitioner that there was no recovery from him, and the alleged money trail has not been traced. It was also argued that apart from confessional statements, there is no other evidence against him.
Jethamalani contended that there was evidence of him taking kickbacks for excise policies. He alleged that the petitioner was receiving Rs two crores of bribe money a month.
The Anti-Corruption Bureau (ACB) of the Economic Offences Wing (EOW) of the Chhattisgarh Police arrested Lakhma in a separate case on April 2, 2025.
The court was informed that the prosecution proposed to examine 865 witnesses in the EOW case and 117 witnesses in the ED case, and an investigation against many other accused is pending.
Having noted long incarceration, the court noted the period of incarceration and also the remote possibility of the early conclusion of the trial in the matter.
The court also noted that the investigation is likely to take a long time, and it is not advisable to set a time limit when complex issues involving several persons are involved.
The court ordered Lakhma to be released on interim bail in both cases registered by the EOW and the ED, and he would be required to furnish bail bonds to the satisfaction of the special judge.
The court said the petitioner would not enter Chhattisgarh except to attend the courts, and he shall not seek and not be granted exemption from personal appearance and except on health grounds.
The court said he should not travel abroad, and his passport shall stand deposited in the court of a special judge, and he should disclose his place of stay, along with the contact number, so that the jurisdictional police station and the ED officer, can find his whereabouts.
The bench said he should furnish his mobile number, and such number shall not be changed without the permission of the special judge.
With regard to his participation in the legislative assembly, during the period when the chargesheet is filed and/or the court takes cognizance of it, an appropriate decision would be taken by the Speaker of the state assembly, the bench said.
The court said he would be entitled to participate in public events and functions, but clarified that he would refrain from making any statement on the allegations which are either subject matter of the chargesheet/prosecution complaint or probe.