THE JHARKHAND STORY NETWORK
Ranchi, March 5: The Enforcement Directorate (ED) has strongly opposed former Ranchi Deputy Commissioner Chhavi Ranjan’s plea in the Jharkhand High Court seeking to quash the FIR against him on the grounds that prosecution sanction was not obtained.
In an affidavit submitted before the court, the ED argued that since the alleged offence of money laundering has no connection with the discharge of Ranjan’s official duties, the requirement of sanction under Section 197 of the CrPC does not arise.
The ED cited a recent Supreme Court judgment in Directorate of Enforcement vs. Bibhu Prasad Acharya to support its argument, stating that the ruling does not establish a blanket requirement for sanction in all PMLA cases involving public servants. Instead, the applicability of Section 197 CrPC must be determined based on the facts and circumstances of each case.
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No Link Between Crime and Official Duty, Says ED
According to the affidavit, the investigation has unearthed evidence that Ranjan received Rs. 1 crore as proceeds of crime. The ED asserted that accepting illicit financial gains has no reasonable or even remote connection to his official responsibilities, making prosecution sanction irrelevant.
The agency further emphasized that legal precedents confirm public servants cannot claim protection under Section 197 CrPC when the offence in question has no nexus with their official functions.
Illegal Land Deals and Forgery Allegations Against Chhavi Ranjan
The ED detailed multiple instances of alleged land fraud involving Ranjan, stating that investigations revealed his role in facilitating the illegal acquisition of prime properties in Ranchi.
Key Findings from the Investigation:
- Illegal transfer of 7.16 acres in Hehal, Ranchi – Ranjan allegedly cancelled an existing Jamabandi and facilitated the mutation of the land in another person’s name before it was quickly sold off for a fraction of its market value.
- Forgery and falsification of land records – Fake property deeds were allegedly prepared, and original registers at the office of the Registrar of Assurances, Kolkata, were manipulated.
- Role in acquiring government land – Ranjan is accused of helping an accomplice, Bishnu Kumar Agarwal, illegally acquire multiple government properties.
These alleged offences led to the registration of multiple cases against Ranjan, including a separate ECIR (RNZO/10/2023) linked to illegal land transactions.
ED: Sanction Sought as Precaution, Not Necessity
While maintaining that no prosecution sanction was legally required, the ED stated that it has sought sanction from the competent authority as a precautionary measure. However, it argued that this step does not validate Ranjan’s claim that such approval was necessary to take cognizance of the case.
The case is currently pending before the Special Court (PMLA), Ranchi, where cognizance has already been taken, and the trial is in progress.
ED Calls Ranjan’s Plea “Vexatious”
The ED has termed Chhavi Ranjan’s writ petition as frivolous and vexatious, accusing him of attempting to delay legal proceedings by challenging the cognizance order dated June 19, 2023.
The High Court will now decide whether to accept Ranjan’s plea or allow the trial to proceed based on the evidence gathered by the ED.
