WB Coal mining money laundering case: Delhi HC seeks explanation from jail authorities

New Delhi [India], March 14 : The Delhi High Court on Tuesday directed the jail authorities to file an affidavit within two days explaining why the MRI of Gurupada Maji was not done despite the court's order.
The High court is hearing the plea of Maji seeking bail on medical grounds. He is an accused in the West Bengal coal mining money laundering case.
Justice Jasmeet Singh directed the jail authorities to file an affidavit to explain why the order of the court for MRI has not complied with.
The High court on March 3, had directed the jail authorities to ensure that the MRI Cervical Spine and Rheumatology is done before the next date of hearing and the report be placed on record along with the opinion of a Neuro specialist on the MRI Cervical Spine and Rheumatology.
The high court sought the explanation after hearing the submission of the senior counsel N Hariharan that the MRI of the petitioner has not been done.
The bench asked the counsel for the State why the MRI has not been done.
The bench also considered the medical report which states that the other examination done except the MRI.
The court has listed the matter on March 17, for further hearing.
Earlier, the High Court had directed to file a comprehensive medical report on the health condition of Gurupada Maji.
Earlier, On January 13, the medical board at Safdarjung hospital filed a preliminary medical report in the matter.
Petitioner's Counsel Sumer Singh Boparai had opposed the stand and said, "It is not about the MRI. Petition has other problems also. A medical report on all his ailments be called. His bail is pending for last two months and health condition is deteriorating."
The High Court on December 21, 2022, directed the Director of Safdarjung Hospital to constitute a medical board and examine Gurupada Maji.
Maji has moved a plea through Advocate Boparai seeking medical bail for the treatment.
The Applicant has stated that he is suffering from multiple body ailments; however, he is not being provided proper medical attention and care.
It has been stated that he is suffering from diabetes, haemorrhoids and facing tremor and voluntary muscle movement due to neurological condition.
His earlier regular bail application was dismissed by a Special Court on September 22. The order has been challenged before the High court.
According to ED, Gurupada Maji is one of the partners of Anup Majee, the kingpin of illegal coal mining business activities in West Bengal.
The Special Judge Anurag Sain in an order passed on September 20, 2022 said, "Considering the parameters of Section 45 (1) PMLA, I find no reasonable ground for believing that applicant/accused Gurupada Maji is not guilty of the alleged offences. From a prima facie view of the material placed on record and in light of the gravity of the alleged offences, it cannot be said either that the applicant/accused is not likely to commit any such offence while on bail."
While opposing the bail plea it was submitted by the ED that "The investigation conducted so far, the present accused has received proceeds of crime of Rs 89.4 Crore and thus, the accused has been involved in the commission of the offence of Money Laundering. Further accused has acquired many Kolkata based shell companies to project POCs generated from illegal coal mining activities as an untainted fund."
Earlier, On August 2, Directorate of Enforcement (ED) filed a supplementary Prosecution Complaint (PC) before the Rouse Avenue Court (New Delhi) in the case of illegal coal mining case by Anup Majee and others.
In the said supplementary Prosecution Complaint, Gurupada Maji and six companies controlled by him have been arrayed as accused. Gurupado Maji was arrested by ED on May 26, 2022, and currently was in judicial custody.
ED had initiated money laundering investigation on the basis of FIR registered by the CBI, Kolkata against Anup Majee , several other officials of ECL and other public servants and private persons for illegal excavation and theft of coal from the leasehold area of ECL in active connivance of the officials of ECL, CISF, Indian Railways and concerned other departments for alleged commission of a cognizable offence under various sections of the Indian Penal Code (IPC) and Section 13(2) r/w section 13(1)(a) of the P.C. Act, 1988.
Total proceeds of crime identified till date is Rs 2742.32 Crore.