LAGATAR24 NETWORK
Ranchi, July 10: The Supreme Court has directed the Jharkhand government to release Sahibganj-based businessman Prakash Chandra Yadav alieas Mungeri Yadav from the jail by today 5 PM while terming his detention under Jharkhand Crime Control Act as illegal.
This come has come as a big jolt to the Hemant Soren government which had booked Prakash Chandra Yadav alias Mungeri Yadav on August 7 last year on the ground of law and order.
The judgment was delivered by a division bench of Justice Aniruddha Bose and Sudhanshu Dhulia. Prakash Chandra Yadav is involved in the stone mining business and his son is a witness of the Enforcement Directorate in the illegal stone mining scam worth Rs 1000 Crore.
Notably, the Jharkhand High Court had rejected Yadav’s petition in which he challenged his detention citing various judgements of the Supreme Court.
Today the Supreme Court stated that the Jharkhand High Court did not consider points raised by the petitioner which should have been considered. Yadav claimed that the state government did not forward his representation against detention to the state advisory committee. He alleged the state government even gave false information to advisory committee that he did not submit his representation against detention. The Advisory committee decides whether detention under CCA is justified or not.
The Supreme Court examined the documents and found that Yadav had sent his representation on 18th August last year. The government disclosed about the representation copy only on November 10th last year when the state sought his detention for another three months.
The Supreme Court said that the state government made an inordinate delay of 85 days in placing his representation for consideration. This was among the grounds the Supreme Court granted relief to Prakash Chandra Yadav who is currently lodged at Sahibganj jail.
Prakash Chandra Yadav is father of Ankush Chandra Yadav who is a witness of the Enforcement Directorate (ED) in the Rs 1000 Crore illegal stone mining case. Notably, he was arrested on July 30 in Ranchi by the Sahibganj police when he was returning to Patna after meeting a politician.
The Sahibganj district administration had booked him in August last year under sections 12 (1) and (2) of the Jharkhand Control of Crime Act saying that a gang war is feared in Sahibganj if Prakash Chandra Yadav is not detained.
The CCA was imposed on the basis of an alleged firing incident in the river Ganga last year between the groups led by Dahu Yadav and Prakash Chandra Yadav to participate in a tender floated to run a ferry service in the river Ganga. It is alleged that Bacchu Yadav who is a close aide of Dahu Yadav had opened fire on supporters of Prakash Chandra Yadav to stop them from participating in the tender.
Both Dahu Yadav and Bacchu Yadav are the accused of the ED in this case. While Bacchu Yadav is in jail, Dahu Yadav is absconding. However, sources said that the district administration had recommended CCA against Dahu Yadav also.
As per the CCA rule, the DC is entitled to keep a person in prison for 12 days if there are satisfactory grounds for the same. On the recommendation of the Home secretary a person can be kept in detention for a period of three months. But if a person has to be kept in jail for a year without any trial it is decided by a committee consisting of the High court judge.
Explaining reasons behind the proposal to impose CCA against Prakash Chandra Yadav, the district administration had said he is a man of criminal nature and there are 17 criminal cases pending against him. Hence, his presence will cause serious law and order problems hence they must be arrested and kept in jail.
Dahu Yadav is a key associate of Pankaj Mishra and a prime suspect of money laundering.
