1 hr ago
Supreme Court Allows Pooja Singhal Money Laundering Trial To Continue
The Supreme Court decided not to stop the money laundering trial against Pooja Singhal.
This means the trial can continue for now.
Singhal's lawyers said the case should not proceed because the government did not give required permission to prosecute her.
The Enforcement Directorate gave a different interpretation under a newer law.
The court said deciding whether permission was needed depends on both facts and law.
It will examine that issue later along with other evidence.
The court also noted that more than ₹19 crore was recovered from Singhal.
She was arrested in 2022 in connection with an alleged MGNREGA-related scam.
The Supreme Court refused to quash the trial court's order taking cognisance of money laundering charges against IAS officer Pooja Singhal.
The court said the trial can continue while leaving the issue of prosecution sanction open.
Singhal's defense argued that sanction under Section 197 of the Code of Criminal Procedure was not obtained.
The Enforcement Directorate argued that the newer Bharatiya Nagarik Suraksha Sanhita provides for automatic deemed sanction.
Singhal was arrested on May 11, 2022, after raids linked to an alleged ₹18 crore MGNREGA implementation scam.
- Who
- Jharkhand IAS officer Pooja Singhal, the Enforcement Directorate, and the Supreme Court.
- What
- The Supreme Court declined to halt or quash the trial court's cognisance of a money laundering charge against Singhal.
- Where
- The matter was heard by the Supreme Court in New Delhi and concerns alleged wrongdoing in Jharkhand.
- When
- The ruling was delivered on Friday; Singhal was arrested on May 11, 2022.
- Why
- The court found that the question of prosecution sanction involves both law and facts and should be considered with other evidence.
Singhal's Defense
Enforcement Directorate and Court
Requirement for prosecution sanction
Singhal's Defense
Singhal's lawyer argued that prior government sanction under Section 197 of the Code of Criminal Procedure was not obtained.
Enforcement Directorate and Court
The Enforcement Directorate argued that the Bharatiya Nagarik Suraksha Sanhita includes a provision for automatic deemed sanction; the court said the issue requires examination with the evidence.
Connection to official duties
Singhal's Defense
The defense said Singhal was acting in her official capacity in the money laundering case and was not an accused in the underlying corruption case.
Enforcement Directorate and Court
The court said it must determine whether Singhal was discharging official functions when the alleged offence occurred before deciding the sanction question.
Whether the case should proceed now
Singhal's Defense
Singhal sought relief against the trial court order taking cognisance of the charge.
Enforcement Directorate and Court
The Supreme Court declined immediate relief and allowed the trial proceedings to continue.
Key facts
- Accused
- Pooja Singhal, a former Jharkhand mines department secretary
- Proceeding
- Money laundering trial
- Court decision
- The Supreme Court refused to halt the trial or quash the cognisance order
- Sanction issue
- The court kept open whether prosecution sanction was required and properly obtained
- Reported recovery
- More than ₹19 crore was recovered from Singhal, according to the court
- Arrest date
- May 11, 2022
- Related allegation
- An alleged ₹18 crore scam involving implementation of MGNREGA
Quotes
Supreme Court of India
The three-judge Supreme Court bench hearing the challenge to the continuation of Pooja Singhal’s trial
“We would like to keep the issue of sanction open to be adjudicated along with other evidence at the appropriate stage of the proceeding”
deccanchronicle.com
Sources
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