THE JHARKHAND STORY NETWORK
Ranchi, Jan 29: The Enforcement Directorate (ED) has sought approval from the Jharkhand government to prosecute former Mines Secretary Pooja Singhal in a money laundering case linked to the siphoning of MNREGA funds during her tenure as Deputy Commissioner in Khunti.
Although the Special Court has already taken cognizance of the ED’s chargesheet and is conducting a trial, this latest move by the ED is considered a precautionary measure.
Supreme Court order
The agency’s action follows a Supreme Court ruling last year that mandates government sanction for prosecuting public servants in money laundering cases.
In November last year, the Supreme Court ruled that prior government sanction, as required under Section 197(1) of the CrPC, is necessary to prosecute public servants even under the Prevention of Money Laundering Act (PMLA).
In a case involving two IAS officers in Telangana, the apex court noted that Section 197(1) of the CrPC is intended to protect public servants from prosecution for actions carried out as part of their official duties.
In Pooja Singhal’s case, a prosecution sanction was initially deemed unnecessary, as the alleged siphoning of public funds does not qualify as an official duty. However, the ED has taken this step to eliminate any legal loopholes and strengthen its case in the Special Court.
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The Supreme Court, in the Telangana case, had also left the door open for the Enforcement Directorate to seek the Special Court’s approval to proceed with prosecution if the required sanction is granted in the future.
Pooja Singhal Reinstated
Singhal, who was arrested by the ED on May 22, 2022, was granted bail under the revised legal framework, which allows bail for accused individuals whose judicial custody has equalled or exceeded one-third of the maximum sentence in their case.
A 2000-batch IAS officer, Singhal was arrested for allegedly embezzling crores of MGNREGA funds in Khunti.
Following her release on bail, the state government revoked her suspension and reinstated her with effect from December 7, 2024. She has since rejoined the Department of Personnel and is awaiting a new posting.
