Supreme Court flags hardship to co-accused, hears plea to transfer liquor scam case to Chhattisgarh from UP

New Delhi: The Supreme Court on Tuesday expressed concern over potential hardship to co-accused while hearing a plea seeking transfer of trial in the alleged Chhattisgarh liquor scam, in which FIRs have been registered both in the state and Uttar Pradesh.

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi heard the submissions advanced by senior advocates Mukul Rohatgi and Shoeb Alam, appearing for Niranjan Das, a retired Chhattisgarh government officer who is among the accused in the liquor scam case.

Das has sought transfer of the trial arising out of an FIR lodged in Uttar Pradesh to Chhattisgarh, contending that the allegations in both states are substantially similar and form part of the same conspiracy.

"You are saying the allegations in the two states are similar. But the coordinate Bench says they are state-specific," the CJI observed.

The bench also flagged practical difficulties that could arise if the trial in the Uttar Pradesh FIR was transferred.

It pointed out that there are co-accused based in Uttar Pradesh as well, and transferring the trial could adversely affect them.

"In the UP FIR, there are co-accused from Uttar Pradesh also. If the trial is transferred in your case, they will also be affected," it said.

Raising a specific concern, CJI Kant asked what would happen to a co-accused who is a permanent resident of Noida if the trial was shifted to Raipur.

Responding to this, Rohatgi submitted that the said co-accused is also facing proceedings in Chhattisgarh and would therefore be required to face trial there as well.

However, the bench highlighted the possibility of conflicting claims by different accused.

"What if he says transfer it to Noida and don't force me to go to Chhattisgarh? These are conflicting claims by the co-accused," it remarked.

"You may be granted ancillary relief, like you may be permitted to appear only and exempted from physical appearance. Otherwise, see the predicament. We may end up passing an order that may cause great hardship to the co-accused," the bench said.

Rohatgi said the approach being indicated by the bench would also have implications for other accused in the case and urged it to hear them as well.

Taking note of the submissions, the bench ordered that all three related cases involving similar issues be tagged together and listed for hearing simultaneously on January 19.

The liquor scam in the state, according to probe agencies, was orchestrated between 2019 and 2022 during the tenure of the Bhupesh Baghel-led Congress government.

The alleged scam resulted in a "massive loss" to the state exchequer and filled the pockets of the beneficiaries of a liquor syndicate, they said.

The core of the alleged scam involved manipulating the state's excise policy.

The syndicate is accused of supplying "off-the-book" or unaccounted-for illicit liquor through state-run shops by using duplicate holograms and bottles.