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Catch big fish: Top court tells ED as it protects former Manipur CM from arrest
The CBI began its probe in 2019 into alleged embezzlement of government funds to the tune of ₹332 crore against Singh and four other government officers. In this matter, Singh got anticipatory bail in February 2020.
The Supreme Court on Wednesday told the Enforcement Directorate (ED) to catch the “big fish” as it spared former Manipur chief minister Okram Ibobi Singh from arrest in an alleged money laundering case.
A bench headed by Chief Justice of India (CJI) NV Ramana said, “You catch the big fish. He is just a small opposition member of legislative assembly (MLA) in a state,” referring to Singh, who is presently the Leader of Opposition in the Manipur assembly.
The bench, also comprising Justices AS Bopanna and Hima Kohli, dismissed the appeal filed by ED challenging an order of the Manipur high court on December 16, 2020 granting anticipatory bail to Singh.
The ED, represented by additional solicitor general (ASG) SV Raju said, “The high court has relied on mere newspaper reports to grant anticipatory bail to the respondent (Singh). He is a former chief minister and is facing a probe in an alleged corruption case investigated by the Central Bureau of Investigation (CBI).”
The bench said, “He is not going to run away. The high court has noted that in the CBI case he has already got anticipatory bail. All this has weighed with the high court. We will not interfere.” The top court, while dismissing the petition, kept open the question of law raised by ED.
The case against O Ibobi Singh pertained to a complaint made in 2016 in connection with a multi-crore Manipur Development Society (MDS) scam. The CBI began its probe in 2019 into alleged embezzlement of government funds to the tune of ₹332 crore against Singh and four other government officers. In this matter, Singh got anticipatory bail in February 2020.
In connection with the case, CBI made cash seizures from the properties of Singh leading to a news report in November 2020 that suggested the ED would soon launch money laundering proceedings against the opposition leader over the cash seized. A total of ₹36.49 lakh cash was recovered, besides an amount of ₹15.47 lakh in demonetized currency notes. Singh approached the high court alleging political witch hunt and agreed to cooperate with the probe.
The objection of the ED that anticipatory bail provision cannot apply to cases under prevention of money laundering act (PMLA) was rejected by the high court. It said, “The PML Act is very silent for granting anticipatory bail, however, when a person’s personal liberty is violated, anticipatory bail can be granted.” This finding by the high court was questioned by ED in its appeal before the top court.
Singh was directed to cooperate with the probe and was not allowed to leave the country without permission of the ED.
