MUMBAI: The Bombay High Court granted interim bail to Mamta Digvijay Singh, sharply criticizing the Economic Offences Wing (EOW) for what it called a clear misuse of arrest powers. The division bench, comprising Chief Justice Chandrashekhar and Gautam A. Ankhad, expressed concern over her arrest on September 10, which occurred almost three months after her last statement on June 18.
On September 12, the EOW apprehended directors Mangesh Kadam and Mamta Singh based on a complaint from Rajat Jhunjhunwala. He accused them of falsifying MGT-7 forms and counterfeit shareholding certificates for Shajas Developers Pvt Ltd and its subsidiary JLS Realty Pvt Ltd, alleging a fraudulent transfer of assets exceeding ₹1000 crore. Singh has since filed a writ petition seeking to quash the FIR issued by the Magistrate court.
The Court questioned the lack of new summons or urgent reasons for arrest, highlighting that Singh was taken into custody on the same evening she was organizing a birthday party for her specially-abled child. “It is astonishing that after recorded statements on June 18, she was arrested by the Investigating Officer nearly three months later on September 10,” the bench remarked.
Furthermore, the Court expressed skepticism towards the EOW’s rationale for the arrest, which suggested it was necessary for recovering forged documents, noting that this was impossible once Singh was in judicial custody.
The ruling found the reasoning unconvincing and described the investigation as “most biased.” Reinforcing the importance of constitutional protections, the Court stated that “deprivation of liberty for even a single day is one day too many.” Citing landmark cases, the judges emphasized that personal freedom should not be sacrificed for arbitrary police actions. Concluding that the allegations against Singh were insufficient, given her role as a company director since February 2021, the Court deemed this a suitable case for extraordinary intervention. Singh was ordered to be released on interim bail upon providing sureties of ₹50,000 each. The Bench noted that its findings were preliminary and case-specific, but also directed that a copy of the order be sent to the Director General of Police, Maharashtra, to emphasize accountability in police conduct. The EOW has been granted two weeks to respond.
