The Chhattisgarh High Court has dismissed the bail application of businessman Anwar Dhebar in a case pertaining to alleged corruption and an illegal commission racket linked to the Chhattisgarh State Marketing Corporation Limited (CSMCL). Justice Amitendra Kishore Prasad, who passed the order on May 13, remarked that the allegations pointed to a “deep-rooted and systematic corruption network” operating within the state-run corporation. The court emphasized that economic offences involving public funds must be treated with greater seriousness, as they affect the nation's economy as a whole.
Details of the Allegations
The court noted that the investigation material prima facie indicated that manpower supply agencies were allegedly compelled to pay illegal commissions to secure clearance of their legitimate bills and dues. The prosecution portrayed Dhebar not as a peripheral participant but as “one of the principal beneficiaries and controlling figures in the entire conspiracy.” The order highlighted that witness statements, electronic communications, seizure proceedings, and financial linkages suggested that illegal collections were made in a “structured and organized manner” through intermediaries and co-accused.
Rejection of Defence Arguments
The High Court rejected the defence's argument that the FIR constituted a second FIR based on the same transactions already under investigation in the liquor scam case. The court held that the present matter prima facie involved a separate chain of transactions specifically related to manpower agencies and the alleged extraction of illegal commissions. Additionally, the court declined to accept the contention regarding delayed arrest and alleged “evergreening of custody,” noting that investigations into complex economic offences involving multiple accused, financial transactions, and digital evidence require time to gather documentary and electronic material.
Legal Precedents and Observations
Citing Supreme Court rulings on economic offences, the High Court stated that such crimes form a “class apart” due to their serious impact on governance, public administration, and the economy. It added that the allegations, if proved, would strike “at the very foundation of public administration and institutional integrity.” The case was registered by the Economic Offences Wing/Anti-Corruption Bureau under provisions of the Indian Penal Code and the Prevention of Corruption Act.
Prosecution's Stance and Ongoing Investigation
According to the prosecution, a structured mechanism operated within CSMCL wherein manpower agencies were forced to pay commissions for bill clearances, with the proceeds allegedly routed through intermediaries. The court also noted the prosecution's apprehension that Dhebar, described as influential with significant political and financial clout, could influence witnesses or obstruct the investigation if released. The probe into the money trail, identification of alleged benami assets, and the involvement of other persons is still ongoing.
Conclusion
Finding that no case for bail was made out at this stage, the High Court dismissed the application, while clarifying that its observations were prima facie and limited to deciding the bail plea. The order underscores the judiciary's stance on treating economic offences with severity, especially those involving public funds and systematic corruption.
