Kawasi Lakhma faces two cases related to the liquor scam (File photo).
The Supreme Court Tuesday granted interim bail to former Chhattisgarh excise minister Kawasi Lakhma, who was arrested in connection with liquor scam cases, but directed that he should not enter the state except to attend court hearings.
A three-judge bench presided by Chief Justice of India Surya Kant gave the Congress leader relief in the Prevention of Corruption Act case being probed by the Economic Offences Wing/Anti Corruption Bureau and the connected money laundering case being investigated by the Enforcement Directorate (ED).
The bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, noted that he has been in jail for more than a year and the investigation against some of the co-accused is yet to be completed.
The court said that, on the one hand, the investigating agency has the right to proceed with the ongoing investigation, and, on the other hand, the petitioner has the right to plead liberty.
The court said, “In order to balance the competitive claims asserted by both sides, and with a view to strike balance, we deem it appropriate to issue…interim directions at this stage subject to their modification if so required in future.”
The court said that he should be required to furnish bail bonds to the satisfaction of the special judge. “In addition to the conditions that may be imposed by the Special Judge, it is directed that the petitioner shall not enter the State of Chhattisgarh except to attend the Courts. He will be entitled to reach a day before the date of hearing.”
The bench said Lakhma “shall not seek and shall not be granted exemption from personal appearance by the court save and except of health grounds” and that he “shall not travel abroad and his passport shall stand deposited in the Court of Special Judge”.
It asked the Congress leader, who is currently an MLA, to disclose his place of stay, along with his contact number, so that the jurisdictional police station as well as the ED officer can find his whereabouts.
“The petitioner shall furnish his mobile number and such number shall not be changed without the permission of the Special Judge,” the court said.
The bench said that as regards his participation in the Legislative Assembly, during the period when the chargesheet is filed and/or the court takes cognisance of it, an appropriate decision shall be taken by the Speaker of the Assembly. “We do not express any opinion in relation thereto.”
The Supreme Court said that Lakhma would be entitled to participate in public events and functions; however, he shall refrain from making any statement with respect to allegations which are either subject matter of the chargesheet/prosecution complaint or under investigation.
It added that this will, however, not be an impediment for the petitioner or his counsel to assail those allegations or charges before any judicial forum.
It asked Lakhma not to make any direct or indirect attempt either to contact or influence the witnesses or to tamper with the evidence in any manner and warned that breach of any of the conditions shall be taken as misuse of the concession of bail, warranting necessary consequences.