A special court operating under the Prevention of Money Laundering Act (PMLA) has discharged Rohit Pawar, an MLA from the Nationalist Congress Party’s (NCP) Sharadchandra Pawar faction, along with former minister and Congress leader Ranjeet Deshmukh. This development relates to the investigation into the Maharashtra State Cooperative Bank (MSCB) scam carried out by the Enforcement Directorate (ED). The decision was made on Thursday, culminating a significant period of legal scrutiny.

The case, which dates back to 2015, originated from a Public Interest Litigation (PIL) filed by activist Surendra Mohan Arora in the Bombay High Court. The petition alleged extensive corruption within the MSCB, asserting that public funds had been misappropriated through various irregularities and criminal actions by bank officials and affiliated entities.

In 2019, the Bombay High Court investigated these allegations and ordered the Economic Offences Wing (EOW) of the Mumbai Police to register a First Information Report (FIR). Consequently, a case was initiated at the MRA Marg Police Station, and the EOW conducted investigations into the matter. Following this, the ED began its parallel investigation by filing an Enforcement Case Information Report (ECIR) targeting several politicians and their associates.

Closure Report Filed by EOW

After completing its inquiry, the EOW submitted a closure report, which was subsequently challenged by complainants, including Arora and activist Anna Hazare, alongside the ED. Despite the opposition, the special court rejected the protest petitions and accepted the closure report in February of this year, indicating a significant turning point in the case.

Rohit Pawar’s counsel, comprising advocates Pranjal Agarwal and Kushal Mor, subsequently sought his discharge from the ED case. They contended that proceedings under the PMLA could not proceed without a valid “predicate offence”, which is essential to sustain the underlying scheduled offence.

Special Public Prosecutor Sunil Gonzalves opposed the discharge plea, arguing that the ED had obtained further evidence to support the charges. However, Special Judge Mahesh Jadhav ruled in favour of the discharge, emphasising that the existence of a predicate offence is crucial for the ED’s case to be valid.

Legal Implications of the Ruling

The court held that, in the absence of a predicate offence, the ECIR registered by the ED could not remain valid. Judge Jadhav stated, “There being no predicate offence i.e. scheduled offence, the impugned ECIR registered by the Directorate of Enforcement will not survive.” He added that only with a predicate offence could an ECIR be deemed maintainable, effectively concluding the legal pursuit against Rohit Pawar.

The ruling marked a significant conclusion to the proceedings, with the court recognising the closure report prepared by the EOW as equivalent to an acquittal. As a result, legal proceedings related to the ED’s case against Pawar are now effectively terminated.

This development highlights the complexities surrounding allegations of corruption in India, particularly those involving state financial institutions. The outcome is likely to have implications for the involved parties as well as the political landscape in Maharashtra.

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