ILLEGAL COAL LEVY SCAM
The Hitavada State Bureau
RAIPUR/BILASPUR,
THE Chhattisgarh High Court has once again denied
bail to Saumya Chaurasia, a former
Deputy Secretary to the ex-Chief
Minister Bhupesh Baghel, who has
been in judicial custody for the past
20-month in connection with the infamous coal levy scam.
This marks the third instance of her
bail application being rejected, with
the court finding no compelling reason to grant her
release. The bail plea was heard by Justice Narendra
Kumar Vyas, who meticulously reviewed the case details
before delivering the verdict.
“Chaurasia’s legal team, led by Senior Advocate
Siddharth Dave, argued that she should be granted
bail on the grounds of parity, referencing the recent
bail granted to suspended IAS officers Ranu Sahu and
Sunil Agarwal by the Supreme Court. Additionally,
they highlighted that Chaurasia is the mother of two
young children (3-year-old twins) and has already
spent a significant amount of time in custody, with
the trial expected to be protracted.
However, the court
was not persuaded by these arguments. Justice Vyas
noted that the Supreme Court had previously dismissed Chaurasia’s appeal for bail, underscoring that
there was substantial evidence linking her to the coal
levy scam, where she allegedly played a pivotal role
alongside key accused Suryakant Tiwari,” sources in
legal fraternity averred to The Hitavada, while referring to the 25-pages verdict. According to the sources,
the court observed that Chaurasia, using her position as Deputy Secretary and Officer on Special Duty (OSD)
in the Chief Minister’s Office, had a close and financial
association with Tiwari, who was identified as the mastermind behind the illegal levy collection. Also, the
Enforcement Directorate (ED), represented by Advocate
Dr. Saurabh Kumar Pande, presented detailed findings
that implicated Chaurasia in the money laundering activities under the Prevention of Money Laundering Act
(PMLA), 2002.
“The prosecution argued that Chaurasia
was deeply involved in the syndicate that extorted illegal levies on coal and iron pellet transportation, generating over Rs 500 crores in illicit gains. The ED counsel
asserted that Chaurasia had misused her powerful position to shield herself from the consequences of these illegal activities by employing Tiwari as an intermediary to
convey instructions to district-level officers,” the sources
elucidated.
Moreover, the court also considered the prosecution’s
argument that the 20-month incarceration period could
not be deemed excessive, especially in light of the gravity of the offence, which involves economic crimes
amounting to approximately R 540 crores. The prosecution emphasized that economic offences constitute a distinct category, requiring stringent scrutiny, and that bail
should not be easily granted in such cases.
Despite
Chaurasia’s legal team arguing that her role was passive
and that she had cooperated fully with the investigation,
the court found that the conditions for bail under Section
45 of the PMLA had not been met.
Justice Vyas noted that Chaurasia’s significant influence and deep-rooted connections within the state’s
bureaucratic machinery posed a substantial risk
of witness tampering and interference with the
ongoing investigation.
In conclusion, the court determined that there had
been no material change in circumstances since the previous bail applications, and thus, Chaurasia’s third bail
application was rejected.