The Supreme Court on Monday chose not to hear the Enforcement Directorate’s (ED) appeal against the bail granted to Amit Katyal, a close associate of Rashtriya Janata Dal (RJD) leader Lalu Prasad Yadav, in a money laundering case tied to the alleged land-for-jobs scam within the Indian Railways.
A bench comprising Justices M M Sundresh and Rajesh Bindal expressed their reluctance to overturn the Delhi High Court’s decision, questioning the ED’s selective pursuit of smaller suspects while larger suspects remained uncharged. “No big fish. Main persons have not been arrested. Why go on after only small flies? Are you afraid of going after them? Why have you not arrested 11 other accused?” the justices inquired.
Additional Solicitor General S V Raju argued that the high court’s decision was legally flawed and warranted reversal. However, the high court had previously criticized the ED’s “pick and choose” strategy when it granted bail to Katyal on September 17, last year. It noted that despite no other arrests in the case, Katyal was detained at the Indira Gandhi International Airport as he was about to fly to Ranchi.
The high court’s bail ruling highlighted that the ED failed to justify the necessity for Katyal’s arrest and pointed out the discriminatory enforcement against him, granting him bail on the basis that his involvement was significantly lesser than other accused.
Arrested on November 10, 2023, under the Prevention of Money Laundering Act (PMLA), Katyal was released on a personal bond of ₹10 lakh with two like sureties. He argued for bail on the grounds of parity, stating the ED’s discriminatory actions, while the ED contended that Katyal played a key role in managing corrupt proceeds for Yadav, who was the railway minister at the time.
Despite charges against him, the high court recognized that no other accused had been arrested though they were alleged main perpetrators or beneficiaries of the offense. It also noted Katyal’s compliance with the investigation, affirming that he was not a flight risk.
The case centers around Group D appointments in the Indian Railways’ West Central Zone, based in Jabalpur, Madhya Pradesh, during Yadav’s tenure as rail minister from 2004 to 2009.
