New Delhi: The Supreme Court is scheduled to hear on September 15 a plea filed by IAS officer Pooja Singhal, challenging a Jharkhand High Court order that dismissed her petition seeking the quashing of a cognisance order in a money laundering case.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana is likely to hear the matter.
Singhal, a 2000-batch IAS officer and former Jharkhand Mines Department Secretary, was arrested by the Enforcement Directorate (ED) on May 11, 2022, following raids at properties linked to her in connection with an alleged ₹18-crore scam related to the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
Why Pooja Singhal Approached the Supreme Court
Singhal has challenged the Jharkhand High Court’s decision to dismiss her plea seeking the quashing of the July 19, 2022, cognisance order passed by the PMLA court in Ranchi.
The order relates to ECIR Case No. 03 of 2018.
In her plea, Singhal argued that cognisance of offences under Sections 3 and 4 of the Prevention of Money Laundering Act (PMLA) was taken without complying with the mandatory requirement of obtaining prior sanction under Section 197 of the Code of Criminal Procedure, 1973.
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What Did the Jharkhand High Court Rule?
The Jharkhand High Court rejected Singhal’s plea and held that prior sanction under Section 197 of the CrPC was not required for prosecution in cases involving an individual’s personal illegal acts.
The ruling led Singhal to approach the Supreme Court, where she has challenged the High Court’s decision.
The Supreme Court’s hearing on September 15 is expected to examine the legal issues raised in her challenge.
Pooja Singhal’s Arrest and Bail
The ED arrested Singhal on May 11, 2022, after searches were conducted at properties linked to her in connection with the alleged MGNREGA-related scam.
The 2000-batch IAS officer remained in jail for more than two years before securing bail. Following her release on bail, her suspension from government service was revoked.
The case relates to alleged financial irregularities involving around ₹18 crore in the implementation of MGNREGA in Jharkhand.
ED Filed Prosecution Complaint Against Multiple Accused
In July 2022, the ED filed a prosecution complaint against several accused persons in the case.
Those named in the complaint included:
- Pooja Singhal, former Jharkhand Mines Department Secretary
- Abhishek Jha, Singhal’s husband
- Suman Kumar, chartered accountant
- Ram Binod Sinha, junior engineer
- Rajendra Jain, assistant engineer
- Jai Kishore Choudhary, executive engineer
- Sashi Prakash, executive engineer
The prosecution complaint forms part of the money laundering proceedings arising from the alleged irregularities connected with MGNREGA implementation.
Supreme Court Hearing on September 15
The Supreme Court’s scheduled hearing will focus on Singhal’s challenge to the Jharkhand High Court order and the legal question surrounding the requirement of prior sanction under Section 197 of the CrPC in the circumstances of the case.
The matter will be heard by the bench headed by CJI Surya Kant, along with Justices Joymalya Bagchi and V. Mohana.
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