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Jammu and Kashmir HC Adjourns Hearing on ED’s Plea Challenging Bail to Cong LS Candidate

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The Jammu and Kashmir High Court has adjourned the hearing on a petition filed by Enforcement Directorate (ED) seeking the cancellation of bail for Congress Lok Sabha elections candidate Lal Singh and his wife until May 22, as the probe agency failed to present its grounds for the request.

A single bench of Justice Rajneesh Oswal also addressed petitions filed by Singh and his wife, Kanta Andotra, who sought the dismissal of cases filed by both the ED and the CBI.

Congress Candidate

Singh, who is the Congress nominee from J-K’s Udhampur Lok Sabha seat, was arrested by the ED last year in connection with a money laundering case involving an educational trust managed by his wife and former legislator Andotra. A special court granted ‘absolute’ bail to Singh in December.

During Wednesday’s hearing, lawyer R K Kotwal, representing Singh and his wife, expressed concerns regarding the lack of charges against government officials.

Charge sheet

CBI counsel and senior Additional Advocate General Monika Kohli informed the court that a supplementary charge sheet had been filed against the Kathua-based educational trust—R B Educational Trust—managed by Singh’s wife. The court then requested the records.

Kohli also urged the court for an expedited hearing in the matter, as the trial before a designated court had been halted. The CBI had registered a criminal breach of trust and corruption case against the educational trust in 2020.

In addition to naming the trust, of which Singh’s wife and son are members, the charge sheet also included the then patwari.

The court questioned the ED counsel, who appeared via video conference, about the grounds for seeking the cancellation of bail. The counsel argued that the ED had submitted its reasons in a sealed cover through the investigation officer, but the submission was not found in the court records.

The judge adjourned the matter until May 22, granting the ED time to file its reasons for seeking the cancellation of bail for Singh and his wife.

Bail Granted

A special court had previously granted ‘absolute’ bail to Singh in December. He was initially granted interim bail on November 23 after his arrest in Jammu on November 7. His bail was confirmed on December 23.

“…since petitioner has complied with the conditions of the bail, so no further proceedings are required in the present application. Therefore, interim bail granted to the petitioner is made absolute, of course all conditions drawn shall remain alive pending proceedings, if any, by way of complaint by the ED,” Principal Sessions Judge (special court designated under PMLA), Jammu, Sanjay Parihar, had stated in a three-page order.

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About the Author: Nunnem Gangte