Relying On Kejriwal's Case, Man Booked Under PMLA Moves Supreme Court Seeking Interim Bail To Contest Jharkhand Assembly Elections

The Supreme Court today issued notice on one Subhash Prasad Yadav's plea assailing rejection of his writ petition seeking interim/provisional bail in a money laundering case for the purpose of contesting Jharkhand Assembly elections.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order, while orally instructing that proof in support of the claim that he is contesting the Jharkhand Assembly elections be shown.

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.

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

Contentions raised by Yadav

In his petition, Yadav claims that he is desirous of contesting the Jharkhand Assembly elections from Kodarma constituency. However, vide the impugned order, the High Court has declined to order his release prior to elections, solely on the ground that his bail plea is already pending, even though hearing of the same prior to elections is not likely.

"in effect the same tantamount to leaving the petitioner remedy less, more so, when there is no chance of the bail petition of the petitioner being listed before conclusion of the elections."

Yadav further says that considering the nature of PMLA, the chances of competing party concocting money laundering cases cannot be ruled out. As such, he should be granted interim relief of bail to contest elections, in furtherance of democracy.

"considering the draconian nature of PMLA and the twin condition for bail, against which a Review Petition is already under consideration before this Hon'ble court, the chances of ruling out competition by competing candidates/parties, by entangling them in false/concocted money laundering cases cannot be ruled out."

In support of his prayers, Yadav 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.

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