VIJAY DEO JHA
Ranchi, Dec. 22: The Enforcement Directorate (ED) has alleged the authority of the Birsa Munda Central jail for destroying the electronic data (CCTV footage) related to the illegal activities of some of the accused of money laundering inside the jail. The ED fears that IAS officer Pooja Singhal and others lodged at the Birsa jail in connection with the MNREGA and stone mining scams had violated the jail manual and tried to influence witnesses
The ED has told this to the Special PMLA court of Prabhat Kumar Sharma alleging that despite the categorical order of the PMLA court regarding the supply of footages inside the jail, the jail superintendent Hamid Akhtar is not cooperating.
Nevertheless, the PMLA court in the fresh order passed on December 21 has given a last opportunity to the jail superintendent to immediately provide required CCTV footage to the ED for the purpose of investigation of the stone mining scam and other cases. The court has also ruled out objections raised by the jail authority for not providing CCTV footage. The court order came following a petition filed by the ED against the jail superintendent for not supplying CCTV footage despite the court order.
Well placed sources said that the ED fears that many sensitive CCTV footage was destroyed. Even the court in its detailed order has pointed out that the jail superintendent has admitted that some of the data /footage of the CCTV installed in the jail, as required by the ED have already been erased due to a lapse of time.
“I asked the jail superintendent for an undertaking about non[1]destruction or tampering of the data/footage as required by the IO to provide him further time for detailed reply as he prayed. In response to that, the jail superintendent stated that some of the data/footage of the CCTV installed in the jail, as required by the IO, has already been erased due to a lapse of time as the system re-write the new footage over the previous footage and he is trying to recover the same. Concerning the jail superintendent’s reply, the IO’s concern about the deletion/destruction of the footage seems true,” the PMLA court has stated.
The jail superintendent contended that the matter is related to the privacy of the inmates/under-trials and providing the CCTV footage will have wide ramifications. He said that after getting direction from the court to act as per the rule, he sought for necessary directions from the 1.G. Prison, Jharkhand, Ranchi and the matter is presently before the Principal Secretary, Department of Home, Prison and Disaster Management as well as before the other authorities of the State Government.
The jail authority told the court that the provisions of the jail manual restrict the jail authorities from providing CCTV footage to any agency. He further said that the ED had no basis to seek CCTV footage as no activity related to the money laundering took place inside the jail.
But the ED raised strong objections to the submissions of the Jail Superintendent and submitted that the Jail Superintendent willfully suppressed the evidence from the investigating agency and made excuses for non-supply of the required CCTV footage.
The ED said that the Jail Superintendent was destroying the electronic data/CCTV footage related to the illegal activities of the under trials/inmates who are the accused in the instant case and other cases related to money laundering. The ED said that the CCTV footage was very much required as there is strong evidence against some of the accused of money laundering that they are indulged in influencing the witnesses and distorting the evidence against them from inside the jail premises. The ED stated that its Investigating Officer has every authority to keep vigil on the activities of the accused persons of the money laundering cases and the Jail Superintendent is also duty bound to assist the agency under the PMLA to restrict such activities.
The ED charged the jail superintendent of being uncooperative with the investigating agency and also defying the court’s order dated 08.12.2022 in which he has been directed to supply the CCTV footage to the agency under relevant rules.
The PMLA court in its detailed order stated that the arguments placed by the jail authority for not sharing CCTV footage are not valid. The court said that any act influencing witnesses or effort to cover up the offence, is certainly connected with the offence of money laundering. Hence “if the Investigating Officer of the case wants any assistance for investigation of the case, any person or agency under Central Government or State Government or other entities are duty bound to extend the required assistance in the investigation by providing required evidence,” the court said.
The court said that access to evidence related to illegal activities to the investigating agency cannot be restrained or prevented under the garb of privacy of any person. The PMLA court under Section 16 and 17 of PMLA Act Section 91 of the CrPC has the right to give direction to the jail to provide evidence as required empowers the court and the investigating agency in this regard.
