Court Finds No Prima Facie Money Laundering Case Against Senior NCP Leader
Mumbai | Legal Correspondent
A Mumbai Special Court has discharged former Maharashtra Public Works Department (PWD) Minister Chhagan Bhujbal in the Maharashtra Sadan scam case investigated by the Enforcement Directorate.
The court held that the prosecution failed to establish the basic ingredients of a money laundering offence under the Prevention of Money Laundering Act (PMLA).
Background Of The Maharashtra Sadan Case
The Enforcement Directorate alleged financial irregularities in the construction of Maharashtra Sadan in New Delhi. According to the agency, inflated contracts caused wrongful loss to the public exchequer.
The ED claimed that Bhujbal, while serving as PWD Minister, misused his official position and facilitated illegal benefits to contractors.
Court Finds No Direct Involvement Or Criminal Intent
While allowing the discharge plea, the Special Court observed that the prosecution placed no material to show Bhujbal’s direct involvement in laundering proceeds of crime.
The court held that administrative approvals and policy decisions taken in an official capacity do not attract criminal liability unless supported by clear evidence of corrupt intent and personal gain.
Absence Of Proceeds Of Crime And Money Trail
The court noted that the ED failed to establish the existence of “proceeds of crime” as required under the PMLA. It also found no credible money trail linking Bhujbal to the alleged offence.
In the absence of these foundational elements, the court ruled that continuing the prosecution would amount to an abuse of the legal process.
Judicial Check On Investigative Excess
The Special Court reiterated that criminal law cannot rest on assumptions or political allegations. It stressed that investigative agencies must satisfy statutory thresholds before prosecuting individuals for serious economic offences.
The court emphasised that discharge becomes necessary when allegations remain speculative and unsupported by admissible evidence.
Significance Of The Discharge Order
The ruling grants significant relief to Chhagan Bhujbal and reinforces safeguards against unwarranted prosecution under economic offence laws.
The judgment also clarifies that public servants cannot face criminal trials for policy decisions unless authorities prove unlawful enrichment or deliberate misconduc
