The Jharkhand High Court on Friday passed “no coercive action” order on the plea of suspended ADG of Jharkhand Police Anurag Gupta and restricted Jharkhand Police from arresting him till August 11.
Gupta had approached the High Court to seek relief in the 2016 Rajya Sabha horse trading case, in which he was booked as an accused.
Gupta had requested the court to restrain the police from arresting him. Besides, he had also requested the court to pass suitable order to restrain police and the lower court from adding sections of Prevention of Corruption Act (PCA) against him.
But, the court headed by Justice Sanjay Kumar Dwivedi did not entertain his request against PCA and also refused to stop the investigation against him. The court directed the State Government to file a counter affidavit in this regard. During the virtual hearing of the case; Gupta, represented by his lawyer, told the court that imposing PCA on him is the violation of provisions of CrPC and there is no case of PCA against him.
But the lawyer appearing on behalf of the State claimed that ample evidence had been collected against him indicating that this was a fit case to be investigated and tried under provisions of PCA also.
Notably, the Ranchi Police investigating this case had requested the court of Anuj Kumar of Ranchi civil court to add sections of PCA against Gupta and other accused.
The court had then forwarded the matter to a special court of the Anti-Corruption Bureau. Police had sought permission to add PCA against former Chief Minister Raghubar Das, Gupta and the then CM’s Press adviser Ajay Kumar in 2016 Rajya Sabha horse trading case.
They were accused of influencing the Rajya Sabha poll in the favour of the BJP candidates. An FIR was lodged at Jagannathpur police station on March 29, 2018.
In subsequent Assembly elections the BJP lost power in Jharkhand. The JMM led UPA combined formed the government and Hemant Soren became the Chief Minister.
The investigation was freshly reviewed and Raghubar Das was added among the accused. The investigation is being monitored by the CID of Jharkhand Police. Gupta was suspended by the Government.