'Candidates Have Won Elections In India Even From Jail ': Supreme Court To PMLA Accused Seeking Interim Bail To Contest Jharkhand Assembly Elections

While hearing the plea of one Subhash Prasad Yadav, seeking interim/provisional bail in a money laundering case for the purpose of contesting Jharkhand Assembly elections, the Supreme Court today remarked that in India, even jailed candidates have gotten elected.

"Candidates in the last (assembly) election had won even from jail", said Justice Dipankar Datta, while Justice Surya Kant pointed to the victories of jailed candidates (Amritpal Singh and Engineer Rashid) even in the last Lok Sabha elections. 

A bench of Justices Kant, Datta and Ujjal Bhuyan was dealing with Yadav's challenge to a Patna High Court order. On the last date, it was orally instructed that proof in support of Yadav's claim that he is contesting the Jharkhand Assembly elections (from Rashtriya Janata Dal) be shown.

Today, Yadav's counsel informed that all requisite material has been placed on record and relied on Arvind Kejriwal's case (who was granted interim bail for the purposes of elections). However, Additional Solicitor General SV Raju (for Enforcement Directorate) objected to the prayer made.

When the bench showed an inclination to grant interim bail to Yadav for 4-5 days (subject to hearing on merits before counting day and cancellation in case the ASG's claims were well-founded), so as to enable him to contest the elections, the ASG vehemently objected, saying that there was gross suppression by Yadav.

The ASG asserted that if such prayers are allowed, it would open a floodgate and everybody will file nomination to seek interim bail. Justice Kant countered the same, saying that elections are not so frequent.

Justice Datta, on his part, pointed to the three-judge decision of the Court in Afzal Ansari v. State of UP where, by 2:1 majority, conviction of BSP MP Afzal Ansari was suspended in a case under the UP Gangster Act case, paving way for restoration of his membership in Lok Sabha. In this case, the Court clarified that Ansari shall not be disqualified to contest future election(s) during the pendency of his criminal appeal before the High Court and if he was elected, the election would be subject to outcome of the First Criminal Appeal.

At this point, the ASG urged that Yadav's case is different from Kejriwal's and as per Section 45 PMLA a prosecutor has to be heard before bail is granted. Ultimately, the bench accommodated him, granting time till tomorrow to respond.

Background

Reportedly, 19 FIRs were initially registered against one Broadson Commodities Pvt Ltd. Thereafter, the Enforcement Directorate registered an ECIR on the basis of the FIRs in 2023.

The allegation against the accused was that they engaged in illegal sand mining, without issuance of e-transit challans, and caused loss of revenue to the government. It was further claimed that the accused generated and acquired proceeds of crime by commission of the alleged offenses.

After completing investigation, ED filed a complaint against Yadav (and 2 others) and the Special Court took cognizance of the same. Yadav was arrested by ED on March 9, 2024 and he is currently lodged in a Patna jail.

Apparently, Yadav filed nomination as a candidate for Jharkhand assembly elections and moved a bail application before the Patna High Court for enabling him to campaign for elections.

However, the chances of hearing of his bail plea, prior to date of elections (13 November) turned out to be bleak. As such, Yadav filed a writ petition before the High Court, but the same was dismissed.

"it is an admitted fact that the petitioner has already filed a regular bail application before this Court which is still pending and knowing this fact, petitioner has filed the present Criminal Writ Application for interim bail for campaigning in the Election, therefore, it is not just and proper for this Bench to pass any order in favour of the petitioner", the High Court said.

Assailing the dismissal order, Yadav approached the Supreme Court. In support of his prayers, he relies on the decision rendered in Arvind Kejriwal v. Directorate of Enforcement, where the Aam Aadmi Party chief was granted interim bail by the Supreme Court itself and not relegated to the trial Court.

It is worthwhile to add that in 2019, Yadav unsuccessfully contested election from Chatra Lok Sabha constituency in Jharkhand on the ticket of RJD.

Case Title: SUBHASH PRASAD YADAV Versus THE UNION OF INDIA AND ORS., SLP(Crl) No. 15145/2024