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CM’s media advisor told AG to send lawyer secretly to ED office to know interrogation details: ED to HC

Dec 21, 2022 10:50 PM IST

As per the affidavit filed by the ED before the high court on Wednesday, Prasad spoke to the AG on July 22, three days after Mishra’s arrest, that he was trying to ‘arrange’ a government counsel for Mishra.

RANCHI: The Directorate of Enforcement (ED) has told the Jharkhand high court that chief minister Hemant Soren’s media advisor Abhishek Prasad had suggested state’s advocate general (AG) Rajiv Ranjan to send a lawyer ‘secretly’ to the ED office in Ranchi to meet Pankaj Mishra and get details of his ongoing interrogation by the federal agency.

The ED had arrested Pankaj Mishra, JMM leader and a close aide of CM Soren, on July 19 on money laundering charges in connection with an ongoing illegal mining case probe (ANI)
The ED had arrested Pankaj Mishra, JMM leader and a close aide of CM Soren, on July 19 on money laundering charges in connection with an ongoing illegal mining case probe (ANI)

The federal agency had arrested Pankaj Mishra, JMM leader and a close aide of Soren, on July 19 on money laundering charges in connection with an ongoing illegal mining case probe. Both Soren and Prasad have also been questioned in the past in connection with the case.

As per the affidavit filed by the ED before the high court on Wednesday, Prasad spoke to the AG on July 22, three days after Mishra’s arrest, that he was trying to ‘arrange’ a government counsel for Mishra. The federal agency has said the phone number of Prasad was kept under lawful interception and it has annexed a transcription of the said conversation along with the affidavit.

“....In the said call, Abhishek Prasad @ Pintu was trying to arrange a government counsel for the said accused Pankaj Mishra. Further, Abhishek Prasad also suggested the AG, a very senior law officer of the state, to send a lawyer secretly to the office of the Directorate of Enforcement, Ranchi, to meet Mishra in order to know what he was being questioned about and his answers given to the directorate,” said the agency.

“Accordingly, one of the said advocate Pradeep Chandra came to the (ED) office on July 23 and July 28. In another such instance, Prasad was intercepted while advising Mishra to get hospitalised in the name of poor health to evade ED actions. Further, in the said call, Mishra was also requesting Prasad for action against the petitioner and one other person namely Mungeri,” it added.

Both Prasad and Rajiv Ranjan did not respond to calls or messages. The matter is scheduled to come up for a hearing in the high court on Thursday.

The single bench of justice Sanjeev Dwivedi is hearing a criminal writ petition filed by Sambhu Nandan Kumar---complainant in Barharwa tender case---seeking a CBI probe in the Barharwa toll plaza tender case.

The Barharwa tender case was registered with the Barharwa police station in Sahebganj district on June 22, 2020, on the complaint of Sambhu Nandan Kumar. Rural development minister Alamgir Alam, Pankaj Mishra and eight others were named accused by the complainant alleging that he was threatened by the minister not to participate in the Barharwa toll plaza tender and was later beaten by their men when he appeared for the purpose.

However, the Sahebganj police had given clean chit to both Alam and Mishra and had filed chargesheet against eight other accused on November 11, 2020.

The development assumes significance as the case has been recorded as a predicate offence by the ED---registered ECIR on March 8, 2022---in connection with the ongoing illegal mining probe in Sahebganj district.

After its last hearing in the case on December 6, the HC bench said it appears the Sahebganj district police did not submit a chargesheet against rural development minister Alamgir Alam and Pankaj Mishra in Barharwa toll plaza case in order to ‘save’ the two politicians.

Turning down the arguments of minister Alam, Mishra, and the state government against ED being made a respondent in the matter, the court had directed ED and the CBI to file their responses, posting the matter for December 22 for the next hearing.

Alleging that Mishra has been using his political patronage and assistance in ‘evading and obstructing investigations against him’, the federal agency has provided written statements of several stakeholders, including the investigation officer in Barharwa case, besides other materials to the court to substantiate their argument.

The federal agency has alleged that Mishra while languishing in judicial custody had done nearly 300 phone calls to his associates and relatives.

“Such persons, include several government officials, including those from the police department. One such officer frequently contacted by Mishra was the present Sahebganj DSP Rajendra Dubey. The CCTV footage received from RIMS reveals that the above-said DSP visited Mishra on October 10 without the leave of court. Several other persons have also been identified who have visited the said accused in judicial custody,” said the agency.

When contacted, DSP Rajendra Dubey refused to comment about what he spoke and why he went to see Mishra in judicial custody.

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