![[Disproportionate Assets Case] Supreme Court Shields Odisha Official from Arrest](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/06/image-49-1.png?fit=652%2C447&ssl=1)
Today, On 24th June, The Supreme Court granted protection from arrest to an Odisha official embroiled in a disproportionate assets case. This decision provides temporary relief amidst allegations of amassing wealth beyond known income sources. The case has attracted significant attention, highlighting issues of corruption and accountability in public service.
New Delhi: The Supreme Court, on Monday granted interim protection from arrest to Odisha Administrative Service officer Bijaya Ketan Sahoo in a money laundering case filed by the Enforcement Directorate (ED) for allegedly possessing assets disproportionate to his known sources of income.
A vacation bench comprising Justices Abhay S Oka and Rajesh Bindal issued a notice to the ED regarding Sahoo’s anticipatory bail plea. The court directed Sahoo to appear before the special PMLA court within two weeks and to submit bail bonds as per Section 88 of the Code of Criminal Procedure (CrPC).
Read Also: [Money Laundering Case] SC to Hear Odisha Officer’s Anticipatory Bail Plea
Previously, the Orissa High Court had denied Sahoo’s request for anticipatory bail on May 10, citing a prima facie case against him due to his involvement in acquiring properties linked to the “proceeds of crime.”
However, Justice Chittaranjan Das of the High Court stipulated that if Sahoo appears before the Special Court and applies for regular bail, his plea should be considered on its own merits.
In response, Sahoo appealed to the Supreme Court, arguing that the assets he acquired during the period in question were not disproportionate to his known sources of income. Therefore, he claimed that the provisions of the PMLA, 2002 were not applicable, as the scheduled offence was not established.
The plea, submitted by advocate Praveena Gautam, stated,
“Since the petitioner was not arrested during the investigation, there is no justification to remand him in custody upon his court appearance following the summons. If a person has been free for many years and was not arrested during the investigation, suddenly directing his arrest and incarceration merely because a charge sheet or complaint has been filed would contradict the principles governing bail.”
The Enforcement Directorate (ED) launched an investigation under the Prevention of Money Laundering Act (PMLA) after an FIR filed at Cuttack’s Vigilance Police Station against Odisha Financial Official Nalini Prusty, her husband Bijaya Ketan Sahoo, and other family members for allegedly possessing disproportionate assets worth Rs 5 crore.
The inquiry further revealed that the bureaucratic couple had acquired six plots and flats and constructed a triple-storied building in Bhubaneswar’s Chandrasekharpur in the name of a relative who had no independent source of income.
Based on the ED’s complaint, the PMLA court in Bhubaneswar issued a summons for Sahoo’s appearance.
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