ED opposes Vadra's plea challenging summons in Delhi HC
New Delhi, May 15 -- The enforcement directorate (ED) on Thursday opposed before the Delhi high court a petition by businessman Robert Vadra-husband of Congress leader Priyanka Gandhi Vadra-which challenged a trial court order summoning him in a money laundering case linked to alleged land deal irregularities in Shikohpur, Haryana, stating that the petition was based on false legal submissions.
The agency's counsel, Zoheb Hossain, urged a bench of justice Manoj Jain to dismiss the petition with costs. He countered the submissions made by Vadra's lawyer, AM Singhvi, that the ED lacked jurisdiction to initiate a money laundering case against his client since the offences alleged against him under the Indian Penal Code and Prevention of Corruption Act were not scheduled offences at the time when the offence was committed.
Singhvi had argued that the land deal admittedly happened between 2008-2012, whereas the offences including sections 120B (criminal conspiracy), 420 (cheating and dishonestly inducing delivery of property), 423 (dishonest or fraudulent execution of deed of transfer containing false statement of consideration), 467 (Forgery of valuable security, will, etc) of the Indian Penal Code and section 13 (criminal misconduct by a public servant) of the Prevention of Corruption Act, which formed the basis for ED's case were only included as scheduled offence in the PMLA in 2013 and 2018.
To be sure, a scheduled offence is an offence listed in the Schedule attached to the PMLA, and if money or property is generated from any such offence, the ED can invoke the PMLA. Hossain, however, submitted that this contention was incorrect and a "complete false statement in law".
"The petition is based on false submissions and must be dismissed with costs. It is a gross case of false submissions. Section 467 was there in its original inception. Even a notice on a petition where a false submission has been made has to go. There is a complete false statement on law," Hossain submitted. Considering the contention, the court adjourned the petition challenging the trial court's April 15 order for May 18 and asked Singhvi to come prepared on the aspect. "Singhvi, please come prepared on this aspect on Monday, because that is your central plank. We will hear you on Monday," the court said.
The summons were issued after the court of special judge Sushant Changotra (Rouse Avenue) took cognisance of the ED's charge sheet filed in the case in July last year. The court asked the accused to appear before it on May 16....
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