Ranchi: A special PMLA court on Friday rejected the bail plea of Jharkhand Congress leader and former minister Alamgir Alam in a money laundering case, saying he being an "influential person" could cover up evidence and influence witnesses.
Judge Prabhat Kumar Sharma said the crime of money laundering was an "economic threat" to the national interest and it is committed by the offenders with proper conspiracy, deliberate design and with a motive of personal gain regardless of the consequences to the society and economy.
He said various judicial pronouncements have opined that for "money launderers jail is the rule and bail is an exception." Mr Alam was arrested by the Enforcement Directorate on May 15 after questioning at its Ranchi office. The 74-year-old Congress politician has served as a rural development minister.
He had moved the court for a regular bail, saying he was "quite innocent and committed no offence as alleged and has falsely been implicated in this case on the basis of suspicion, without being any legal evidence against him."
Mr Alam's counsel told the court that there was no solid evidence of wrongdoing against his client and the case was "politically motivated" and part of a "vindictive" agenda. The case lacks factual basis and has been filed with an intent to malign the petitioner's reputation, Mr Alam's lawyer told the court.
He said the ED arrested Mr Alam on the basis of a few statements recorded by it under the Prevention of Money Laundering Act (PMLA) and that he was suffering from medical issues like sleep apnea, hypertension, and other old age ailments and hence should be granted bail on these grounds.
The ED opposed the bail, saying Mr Alam was an "influential" person being a former cabinet minister in Jharkhand.
It said the evidence collected during investigation broadly shows that co-accused Veerandra Kumar Ram, former chief engineer of the state rural works department who has been arrested, used to collect commission for allocation of tender and execution of government work of building bridges and roads with a fixed share or commission of 1.5 per cent that was distributed among his (Ram) seniors and politicians.
This commission, the ED claimed, was also collected by co-accused and Mr Alam's arrested personal secretary Sanjeev Kumar Lal through "certain persons".
The court said that a "prima-facie reading of the materials placed by the prosecution and considering the parameters of Section 45(1) PML Act as well as the gravity of the offence alleged, it cannot be held that the petitioner is not guilty of the said offence or that he is not likely to commit any such offence while on bail." It said that the ED has placed "convincing" material before the court regarding allegations against Mr Alam.
"The petitioner is an influential person and there is a chance that the petitioner would attempt to cover up the evidence or influence the witnesses cited in the prosecution complaint who were working under him being public servants," the court said as it rejected his bail petition.
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