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SupremeCourt –  The Supreme Court on Tuesday granted interim bail to Congress leader and former Chhattisgarh Excise Minister Kawasi Lakhma in cases filed by the Enforcement Directorate and the Economic Offences Wing in connection with the alleged liquor scam in the state.

The decision was delivered by a Bench led by the Chief Justice of India, which acknowledged the seriousness of the allegations while emphasizing the need to protect individual liberty during extended investigations.

Court Balances Investigation Needs and Personal Liberty

In its order, the top court observed that the accusations involve complex financial transactions and that the probe remains ongoing. However, it noted that keeping the petitioner in custody for an indefinite period could raise constitutional concerns related to personal freedom.

The Bench stated that the justice system must carefully balance two competing interests: the right of investigative agencies to conduct an unhindered and fair inquiry, and the right of the accused to liberty. Considering the prolonged nature of the investigation and the likely delay in trial proceedings, the court found interim bail to be appropriate at this stage.

Strict Conditions Attached to Interim Bail

While granting relief, the Supreme Court imposed several stringent conditions to ensure that the investigation is not affected. Lakhma has been barred from entering Chhattisgarh except for attending court hearings. He is required to reach the state at least a day before any scheduled appearance and will not be exempted from personal attendance unless medical reasons are formally established.

The court also directed that he must not leave the country and must deposit his passport with the designated special court. Additionally, he has been instructed to provide his active mobile number to the Enforcement Directorate and is not permitted to change it without prior approval from the trial court.

Public Activity Allowed With Clear Restrictions

The Bench clarified that Lakhma may take part in public functions during the period of interim bail. However, he has been expressly restrained from making any public comments or statements related to the allegations or the ongoing investigation.

These conditions, the court said, are necessary to prevent any possible influence on witnesses or interference with the judicial process while still allowing limited personal and political activity.

Assembly Attendance Left to Legislative Authority

Addressing a request regarding participation in Chhattisgarh Assembly proceedings, the court declined to issue a direct order. It noted that since the chargesheet has already been filed and the trial court has yet to take cognisance, the matter falls within the jurisdiction of the Speaker of the Chhattisgarh Legislative Assembly.

The Bench indicated that the legislative authority may decide the issue in accordance with established rules and constitutional provisions.

Background of the Case and Arrests

The Supreme Court was hearing a petition filed by Lakhma challenging his continued custody in the alleged liquor scam. He was first arrested by the Enforcement Directorate in January 2025. Subsequently, the Economic Offences Wing took him into custody in April 2025 in a related case.

The investigation involves multiple accused and centres on allegations of financial irregularities and loss to the state exchequer linked to liquor trade operations.

Arguments From Both Sides

Senior Advocate Mukul Rohatgi, representing Lakhma, told the court that the investigation against his client is largely complete. He pointed out that several chargesheets have already been filed and that a significant number of accused persons have either been granted bail or were chargesheeted without arrest.

Rohatgi also argued that there is no direct recovery or documented money trail connecting Lakhma to the alleged proceeds of crime, suggesting that continued incarceration was unjustified.

Opposing the plea, Senior Advocate Mahesh Jethmalani and Additional Solicitor General SV Raju, appearing for the Enforcement Directorate and the state, maintained that the alleged offence is grave and has resulted in substantial financial damage. They informed the court that the probe relies on extensive documentary, digital, and forensic evidence and is still underway.

Court Notes Lengthy Trial Ahead

Taking note of the scale of the case, the Supreme Court observed that the prosecution plans to examine 117 witnesses in the Enforcement Directorate matter and 863 witnesses in the Economic Offences Wing case. The Bench remarked that such numbers indicate a trial likely to extend over a considerable period, reinforcing the need for interim relief to safeguard personal liberty until final adjudication.