Supreme Court Issues Notice On Former Rajasthan MLA Baljeet Yadav's Plea Seeking Bail In PMLA Case

The Supreme Court on Monday issued notice on former Rajasthan MLA (Behror) Baljeet Yadav's plea challenging the Rajasthan High Court's refusal to grant him bail in a money laundering case under the Prevention of Money Laundering Act (PMLA).

The high court had observed that the Enforcement Directorate's (ED) investigation revealed a money trail linked to 32 tenders floated for procuring sports equipment.

A bench of Justices Dipankar Datta and Sheel Nagu issued notice to the ED after hearing preliminary submissions on Yadav's appeal.

Senior Advocate Mukul Rohatgi, appearing for Yadav, argued that although the prosecution complaint had already been filed, the Special Court was yet to take cognisance of it despite several months having passed. He submitted that Yadav's continued custody served no purpose, as he had not been subjected to custodial interrogation after his arrest.

"The complaint has been filed, but no cognisance has been taken as yet. Three-four months have gone by. Nothing is happening," Rohatgi submitted.

He further argued, "I have not been interrogated in custody after my arrest, and even till today. There is no purpose in continued custody."

Appearing for the ED, Additional Solicitor General S.V. Raju sought time to file a short affidavit in response to the appeal. Taking note of the request, the bench issued notice and granted the agency two weeks to file its response.

Background

The ED's case stems from an Anti-Corruption Bureau FIR alleging corruption, criminal breach of trust, and irregularities in the procurement of sports equipment.

Before the Rajasthan High Court, Yadav argued that a coordinate bench had stayed the prosecution sanction and proceedings in the scheduled offence. He contended that the ED could not continue proceedings under the PMLA based on the same allegations. He also submitted that the investigation had been completed, the charge sheet had already been filed, and no further recovery remained to be made.

Rejecting the plea, the high court observed that the ED's investigation revealed a money trail involving 32 tenders floated for procuring sports equipment. It further noted that Yadav had allegedly misused MLA Local Area Development (LAD) funds while serving as an MLA, resulting in the diversion of public money. Considering the nature and gravity of the allegations, the court declined to grant him bail.

Click Here To Read/Download Rajasthan HC Order