The Chhattisgarh High Court, on December 4, rejected the bail plea of former IAS officer Anil Tuteja in a case initiated by the Anti-Corruption Bureau (ACB) in connection with the multi-crore Chhattisgarh liquor scam (Anil Tuteja v. State of Chhattisgarh).
Justice Arvind Kumar Verma held that a prima facie case had been established against Tuteja, with evidence indicating that his alleged actions caused a massive financial loss to the State exchequer. The Court observed that Tuteja appeared to have misused his position as a government official to facilitate the liquor syndicate scam.
The Court emphasized the seriousness of corruption and its impact on public welfare, describing it as an “enemy of the nation” and a violation of fundamental human rights such as life, liberty, equality, and non-discrimination.
“Corruption is an enemy of the nation. Tracking down corrupt public servants and punishing them is a necessary mandate of the Prevention of Corruption Act, of 1988. Considering the nature of accusations, the gravity of the offence, and the material evidence, it is not appropriate to release the applicant on bail,” the Court stated.
Background of the Case
The case against Tuteja involves charges of cheating, forgery, bribery, and violations under the Prevention of Corruption Act, of 1988. He is accused of being a key figure in a ₹2,000 crore liquor syndicate that allegedly operated in Chhattisgarh during the tenure of former Chief Minister Bhupesh Baghel.
In addition to the ACB case, Tuteja faces a connected money laundering case registered by the Enforcement Directorate (ED). Initially, the ED filed its complaint in July 2023; however, on April 8, 2024, the Supreme Court quashed the complaint due to the absence of a predicate offence under the Prevention of Money Laundering Act (PMLA). Subsequently, the ED registered a fresh complaint (ECIR) on April 11, 2024, leading to Tuteja’s arrest on August 21, 2024.
High Court’s Observations
The High Court pointed to the large-scale nature of the fraud, underscoring its impact on public funds.
“This is a case of fraud of large magnitude where public money has been swindled by the applicant in conspiracy with other co-accused persons. The offences are extremely serious, involving significant financial loss to the State exchequer,” the Court noted.
The Court refused to accept arguments that Tuteja’s detention was unjustified, instead highlighting the need to address corruption decisively.
Supreme Court Proceedings
Parallelly, Tuteja challenged his ED arrest before the Supreme Court. However, during the hearing on December 6, Tuteja withdrew his plea after the apex court permitted him to file for bail in the ED case. Notably, the Supreme Court criticized the ED for how Tuteja was arrested, questioning the urgency of the agency’s actions.
“What was the hurry? This is not the way to arrest a person,” the Supreme Court remarked.
Legal Representation
- Anil Tuteja was represented in the High Court by Advocates Arshdeep Khurana, Sourabh Dangi, Sajal Kumar Gupta, and Sourabh Kale.
- The State was represented by Senior Advocate Mahesh Jethmalani, assisted by Additional Advocate General Vivek Sharma.
Conclusion
The Chhattisgarh High Court ultimately denied bail, citing the gravity of the allegations, the scale of public loss, and the evidence pointing to Tuteja’s misuse of his official position. The Court stressed that such offences require a stringent approach to safeguard public interest and ensure accountability.
