PANAJI
The High Court of Bombay at Goa has criticised the Enforcement Directorate for failing to make progress in a money-laundering case despite an earlier assurance that the trial would conclude within four months.
Justice S G Chapalgaonkar noted that accused Rohan Harmalkar had been in custody for over 15 months without a chargesheet in the predicate offence.
“...neither chargesheet is filed in predicate offences till this date nor prosecution could proceed in PMLA case beyond issuance of summons to the witness,” the court observed, adding that there was “absolutely no possibility” of the predicate-offence trial commencing in the near future.
The Bench also cited a Supreme Court observation that repeatedly making an accused approach different courts over personal liberty amounts to making him play a game of “Snake and Ladder”, adding that a citizen cannot be made to run from pillar to post to protect the fundamental right to life and liberty.
The HC held that prolonged failure to file the chargesheet weakened the presumption underlying the PMLA proceedings and warranted exercise of its constitutional powers under Article 21. It allowed Harmalkar’s bail plea, holding that the twin conditions under Section 45 of the PMLA could be overcome.
“...this is a fit case where the constitutional powers need to be exercised to protect fundamental right of Applicant under Article 21 of the Constitution of India,” the Court said.
Harmalkar was ordered to be released on a Rs 1 lakh personal bond with two local sureties of the same amount. He must attend all hearings, not contact or influence witnesses, surrender his passport, if any, and not leave India without permission. The HC clarified that its observations were prima facie and confined to the bail plea.
Harmalkar is accused of allegedly creating fabricated title documents and using non-existent historical sale deeds and wills to mutate property in favour of selected frontmen before facilitating its sale to third parties.
The ED said it conducted PMLA searches, seized documents and froze bank accounts before filing its final report against Harmalkar and four others on July 31, 2025.
