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 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 Secretary of the Jharkhand Mines Department, was arrested by the Enforcement Directorate (ED) on May 11, 2022, following searches 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 dismissing her plea seeking 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 before the Supreme Court, Singhal has 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.
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 where the alleged acts constituted an individual’s personal illegal conduct.
Following the High Court’s decision, Singhal approached the Supreme Court, challenging the ruling and raising the issue of whether prior sanction was mandatory in the circumstances of her case.
The Supreme Court’s hearing on September 15 is expected to examine the legal questions arising from her challenge.
Pooja Singhal’s Arrest and Bail
The ED arrested Singhal on May 11, 2022, following searches at properties linked to her in connection with the alleged MGNREGA-related scam.
The 2000-batch IAS officer remained in custody for more than two years before being granted bail. After her release, her suspension from government service was revoked.
The case concerns alleged financial irregularities involving approximately ₹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 Secretary, Jharkhand Mines Department
- 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 alleged irregularities connected with the implementation of MGNREGA in Jharkhand.
Supreme Court Hearing on September 15
The scheduled hearing will focus on Singhal’s challenge to the Jharkhand High Court order and the legal question concerning the requirement of prior sanction under Section 197 of the CrPC in the circumstances of the case.
