2G scam: ED moves HC against acquittal of Raja, Kanimozhi
TIMES NEWS NETWORK 20.03.2018
New Delhi: The enforcement directorate moved the Delhi high court on Monday challenging the acquittal of former telecom minister A Raja and DMK MP Kanimozhi among others in a money laundering case in the 2G spectrum scam.
On December 21 last year, a special CBI court had acquitted Raja and 18 others, including DMK chief M Karunanidhi’s wife Dayalu Ammal and daughter Kanimozhi, from the offence of money laundering. The court had also ordered release of attached properties in the case worth ₹223 crore.
The CBI is also expected to file an appeal some time this week.
The ED appeal, filed by joint director Rajeshwar Singh, said the “special judge committed a grave error by acquitting the accused of the offence under the Prevention of Money Laundering Act on the basis of acquittal in the CBI case and without applying mind and considering the offence under PMLA as a separate, independent and standalone offence to be tried and adjudicated.”
‘GRAVE ERROR’: The ED said the special judge acquitted former telecom minister A Raja (left) and DMK MP Kanimozhi on the basis of the CBI case and without application of mind
Court casually ignored evidence, says ED
The appeal further said the special court had failed to “appreciate the facts and evidences… and ignored the gravity of the offence and the role of the respondents as well as proved testimonies of the 24 witnesses and documents establishing money trail in serious offence of money laundering”.
The ED said the special court “casually ignored the proved evidences through documents as well as supported by the testimony of the witnesses that ₹43.75 crore cash was given for accommodation by taking cheque of the equal amount”.
The agency argued that thedefinition of ‘proceedsof crime’ had wide connotation and “may even extend to a person who is connected with criminal activity relating to a scheduled offence but he may notbeoffender of the schedule offence per se”.
The money trail mentionedby theEDwas citedin its chargesheet filed earlier in the special CBI court. In its chargesheet, it had cited six transactions between December 23, 2008 and August 11, 2009 through which “illegal gratification” of ₹200 crore was transferred to Kalaignar TV, controlled by Kanimozhi and Dayalu Ammal.
Twelve months after the letter of intent for 2G telecom licence was issued to Swan Telecom Pvt Ltd (STPL) in 2008, a group company, Dynamix Realty, transferred ₹200 crore to Kalaignar TV in instalments, the ED had claimed.
The ED said Dynamix Realty transferred ₹209.25 crore to Kusegaon Fruits and Vegetables Pvt Ltd, which further moved₹206.25 crore to Cineyug Media and Entertainment Pvt Ltd, which in turn transferred ₹200 crore to Kalaignar TV.
TIMES NEWS NETWORK 20.03.2018
New Delhi: The enforcement directorate moved the Delhi high court on Monday challenging the acquittal of former telecom minister A Raja and DMK MP Kanimozhi among others in a money laundering case in the 2G spectrum scam.
On December 21 last year, a special CBI court had acquitted Raja and 18 others, including DMK chief M Karunanidhi’s wife Dayalu Ammal and daughter Kanimozhi, from the offence of money laundering. The court had also ordered release of attached properties in the case worth ₹223 crore.
The CBI is also expected to file an appeal some time this week.
The ED appeal, filed by joint director Rajeshwar Singh, said the “special judge committed a grave error by acquitting the accused of the offence under the Prevention of Money Laundering Act on the basis of acquittal in the CBI case and without applying mind and considering the offence under PMLA as a separate, independent and standalone offence to be tried and adjudicated.”
‘GRAVE ERROR’: The ED said the special judge acquitted former telecom minister A Raja (left) and DMK MP Kanimozhi on the basis of the CBI case and without application of mind
Court casually ignored evidence, says ED
The appeal further said the special court had failed to “appreciate the facts and evidences… and ignored the gravity of the offence and the role of the respondents as well as proved testimonies of the 24 witnesses and documents establishing money trail in serious offence of money laundering”.
The ED said the special court “casually ignored the proved evidences through documents as well as supported by the testimony of the witnesses that ₹43.75 crore cash was given for accommodation by taking cheque of the equal amount”.
The agency argued that thedefinition of ‘proceedsof crime’ had wide connotation and “may even extend to a person who is connected with criminal activity relating to a scheduled offence but he may notbeoffender of the schedule offence per se”.
The money trail mentionedby theEDwas citedin its chargesheet filed earlier in the special CBI court. In its chargesheet, it had cited six transactions between December 23, 2008 and August 11, 2009 through which “illegal gratification” of ₹200 crore was transferred to Kalaignar TV, controlled by Kanimozhi and Dayalu Ammal.
Twelve months after the letter of intent for 2G telecom licence was issued to Swan Telecom Pvt Ltd (STPL) in 2008, a group company, Dynamix Realty, transferred ₹200 crore to Kalaignar TV in instalments, the ED had claimed.
The ED said Dynamix Realty transferred ₹209.25 crore to Kusegaon Fruits and Vegetables Pvt Ltd, which further moved₹206.25 crore to Cineyug Media and Entertainment Pvt Ltd, which in turn transferred ₹200 crore to Kalaignar TV.
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