TFP Bureau, September 25, 2024: The Supreme Court has granted interim bail to Saumya Chaurasia, a suspended Chhattisgarh official, who has been in custody for nearly two years in connection with a money laundering case linked to the state’s coal scam. The court, while granting her bail, expressed concern over her prolonged detention without a chargesheet and took into account the delays in the trial.
Chaurasia, a former deputy secretary to ex-Chhattisgarh Chief Minister Bhupesh Baghel, had challenged the Chhattisgarh High Court’s August 28, 2024, order that rejected her third bail plea. Hearing her case, SLP(Crl) No. 12494/2024, a bench of Justices Surya Kant, Dipankar Dutta, and Ujjal Bhuyan granted her interim bail with conditions, emphasizing that her extended detention without formal charges was “improper.”
The court stated, “Without expressing any opinion on the merits of the case and to allow for a detailed hearing, we direct that the petitioner be released on interim bail, provided she submits an appropriate bail bond before the trial court.” The court also clarified that her release would not result in her reinstatement into government service, and her suspension would remain in effect until further orders.
Several strict conditions were imposed on Chaurasia’s bail, including mandatory attendance at all trial hearings, prohibition on influencing witnesses or tampering with evidence, and surrendering her passport to the court. She must also seek court permission before leaving the country.
The Supreme Court’s decision was influenced by the fact that Chaurasia had already spent 1 year and 9 months in detention, and some of her co-accused had been granted bail. Additionally, a chargesheet had yet to be filed against her. The High Court had earlier noted that the trial was delayed due to non-execution of warrants against other accused parties.
During the hearing, Justice Ujjal Bhuyan sharply criticized the Enforcement Directorate (ED) for its low conviction rate in cases under the Prevention of Money Laundering Act (PMLA) and raised concerns over the long period of detention without formal charges. Justice Bhuyan asked, “How long can you keep a person in jail without filing a chargesheet? The maximum punishment is 7 years, and it was noted in Parliament that only 41 cases have resulted in conviction under PMLA.”
Justice Dipankar Dutta also questioned the fairness of the situation, stating, “Is it fair that someone is kept in custody for a long time without trial?”
Senior advocate Siddharth Dave, representing Chaurasia, argued that his client had been in custody for nearly two years without trial progress and referenced a recent Supreme Court ruling in the Manish Sisodia case, where relief was granted on similar grounds. Dave highlighted that three of Chaurasia’s co-accused had already been granted bail.
However, Additional Solicitor General (ASG) S.V. Raju opposed the bail, asserting that Chaurasia, as a civil servant, had significant public responsibility. He argued that she played a key role in the illegal collection of coal levies and should face strict judicial scrutiny.
Chaurasia was arrested by the ED in December 2022 over allegations of extortion and illegal levy collection from coal and mineral transporters in Chhattisgarh. Her previous bail attempts were rejected multiple times by the High Court and the Supreme Court before this recent ruling.
The Supreme Court has scheduled the next hearing for October 26, 2024.
