Gujarat HC refuses relief to Congress leader Hira Jotva in MGNREGA case

Gujarat High Court has dismissed the revision applications filed by Congress leader Hira Jotva and eight other accused in an alleged ₹7.3 crore Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) case in Bharuch district. 

The court refused to grant any relief and directed the accused to surrender by February 16, 2026, failing which appropriate legal action may be initiated.

A single bench comprising Justice P M Raval rejected the pleas challenging the Bharuch Sessions Court's order cancelling their bail. The court held that the applications were not maintainable, as orders granting, rejecting, or cancelling bail are interlocutory in nature and lack finality. Such orders can be renewed based on changing circumstances from time to time.

The Public Prosecutor, representing the state, argued that the case involves substantial misappropriation of government funds amounting to crores of rupees, with potential ramifications across multiple districts. Investigations so far have uncovered ₹2.30 crore in irregularities in 98 out of 430 project components across 56 villages in Amod, Hansot, and Jambusar talukas of Bharuch district. Reports on the remaining 332 components are pending, raising concerns of even higher stakes.

Counsel for the applicants contended that bail, once granted, can only be cancelled in the presence of supervening circumstances, such as misuse of liberty, tampering with evidence, or threats to victims. They argued that no such grounds had been established by the prosecution in this instance. 

The defence further submitted that MGNREGA involves multiple layers of administrative scrutiny, making large-scale conspiracy involving all officials improbable. They described the prosecution's case as based on presumptions rather than concrete evidence, emphasising that criminal trials require proof beyond reasonable doubt.

The case stems from alleged irregularities in road construction works allotted to Murlidhar Enterprise and Jalaram Enterprise in 11 villages under the MGNREGA scheme. The works were required to adhere to specified standard operating procedures (SOPs) and material standards. However, the accused allegedly failed to comply, used substandard practices, and generated false bills while claiming payments as legitimate. This resulted in excess payments of approximately ₹19.64 lakh (₹13.05 lakh to Murlidhar Enterprise and ₹6.59 lakh to Jalaram Enterprise). 

The broader allegations include a conspiracy that caused a loss of around ₹7.3 crore to the government exchequer, deprived rural poor of employment opportunities in approximately 56 villages, and involved offences such as criminal breach of trust and forgery.The FIR was registered at City-A Division Police Station, Bharuch.