By Neeraj Mishra
There is more than meets the eye in the failure of searches and seizures in the Rs 2,000 crore liquor scam (Delhi in comparison is a mere Rs 100 crore) and alleged mining scam in Chhattisgarh. The Enforcement Directorate and Income Tax department have been operating relentlessly in the state for the past two years with the prime target being Bhupesh Baghel, euphemistically mentioned as “highest political authority” in its chargesheets. But till date, not only have the two government agencies miserably failed despite attaching properties worth over Rs 1,200 crore, but are now actually scraping the bottom of the barrel arresting and invading minor rice millers.
The major accused have all got bail or prevention from arrest orders from the Supreme Court unlike Delhi ministers. Anwar Dhebar, an alleged kingpin in the excise and mining game and alleged money bag of Baghel, first obtained bail from the High Court and then got it confirmed from the Supreme Court. Anil Tuteja, now a retired IAS officer, could never be arrested despite several raids and he finally obtained a prevention from arrest orders, somehow akin to anticipatory bail. The ED raids had begun with much fanfare early in 2022, with the mining department as the main target. Mining Director Bishnoi, IAS, was arrested and is still behind bars. Then several small fry in the mining department were raided and arrested, but nothing led to Baghel. Finally Ranu Sahu, IAS, was also arrested and is still in jail.
Meanwhile, businessman Surya Tiwari and Baghel’s OSD Saumya Chaurasia were also picked up with allegations that they were close to Baghel and had some unexplained cash and properties. Later, several liquor barons and dealers were raided and arrested, but nothing came of it. This whole drama kept playing out over months with much fanfare. The local BJP kept praying that ED and IT will manage something that they have not been able to dislodge Baghel from his chair.
After almost a year it turned out in Tuteja’s case in the Supreme Court that the ED did not even have the basic legal rights to proceed in the excise case. For the ED to jump into any case with its PMLA, there has to be a predicate offence or a case registered in a thana or a court under relevant sections of the IPC. It had been proceeding on the basis of information provided by the IT department about some WhatsApp conversations between the accused. The Supreme Court dismissed the case though some accused continue to be in custody due to other charges. After the Supreme Court’s judgment, the ED rapidly registered a case of fraudulent 3D stickers provided to the Excise department by a Noida manufacturer in which it named amongst others, Tuteja, excise commissioner and some bottlers. The proceeds of fake liquor bottles sold as excise paid liquor was frowned upon by the Supreme Court as an afterthought. Though the Supreme Court itself is still lingering over the case as it has been for the past two years under three different chief justices.
What is most mysterious, however, is the ease with which Baghel and company have got away so far in the current atmosphere of raids and counter allegations. There are two logical conclusions that come to mind. First, all accused have stood by Baghel and have refused to name him as a collaborator or recipient of benefits under either the excise or mining scams. It shows how he has built loyalty over his tenure. He has also steadfastly refused to order enquiries against all the officers arrested by the ED though they have been suspended under the DOPT rules. The second theory is that Baghel has some backers with the BJP system and despite Amit Shah’s obvious dislike for him, he has continued to thrive.