Enforcement Directorate (ED) Archives - Page 3 of 3 - Lokmarg

SC To Hear Plea For Lifetime Ban On Convicted MPs, MLAs From Contesting Elections

By LokMarg 15th November 2022

The Supreme Court on Tuesday posted for next week hearing in a plea seeking to debar convicted Members of Parliament and State Legislative Assemblies from contesting elections for life.

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli and JB Pardiwala said that it will hear the matter next week as it was hearing other matters.
Senior advocate Vijay Hansaria, who was appointed amicus curiae to assist the top court in the matter, told the bench, “I am requesting, some urgent orders are required.”

The bench said it will hear the matter next week.

A recent status report submitted before the Enforcement Directorate (ED) stated that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offense under the Prevention of Money Laundering Act (PMLA).

The report does not specify exactly how many of those are sitting MPs/MLAs and how many are former MPs/ MLAs.

The Central Bureau of Investigation (CBI) has also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs.

The number of MPs involved in those cases is 51 out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases out of which 34 are sitting, 78 are former and 9 are deceased.

The number of cases pending investigation against MPs and MLAs by the CBI is 37, the report of the CBI submitted.

Hansaria also filed a report pursuant to an order passed by the court seeking a status report relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation, and reasons for the delay in the same.

In his report Hansaria highlighted a “glaring case of inordinate delay” in the trial of cases against lawmakers, submitting that many cases were pending for over five years.

He sought directions to ensure that courts dealing with case against lawmakers should exclusively try such issues.

The plea filed by advocate Ashwini Upadhyay sought direction that convicted parliamentarians and State legislators, former and sitting, should be disqualified and banned for life from contesting elections to Parliament or Assemblies.

The plea also sought speedy disposal of cases against them and pointed out that while judges and babus were suspended for such activities, politicians were condoned by the law.

As of now, convicted politicians are banned from polls for six years.

The Central government in an affidavit filed in 2020 had rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.

It had said that disqualification under the Representation of the People Act of 1951 for the period of six years was enough for legislators.

Hansaria had earlier filed the report in the apex court and informed that a total of 4,984 criminal cases against former and sitting MPs and MLAs are pending before various sessions and magistrate courts across the country, an increase of 862 such cases in the last three years.

In August 2021 the top court directed that no prosecution against sitting former MPs and MLAs will be withdrawn without the permission of the High Court of the concerned state.

It had further directed that judges hearing the criminal cases against MPs and MLAs in Special Courts should continue in their current posts until further orders of the Supreme Court. (ANI)

Delhi Court Grants Bail To Jacqueline In PMLA Case

By LokMarg 15th November 2022

A Delhi Court on Tuesday granted bail to Bollywood actress Jacqueline Fernandez in an alleged money laundering case of Rs. 200 crores. The alleged Conman Sukesh Chandra Shekar is also an accused in this case.

Special Judge Shailendra Malik of Patiala House Court granted bail to Jacqueline Fernandes. Earlier she was granted interim bail.
The Court had raised questions that why the agency did not arrest her during the investigation. The court had said that the agency arrested some accused while the others were not. “Why this policy of pick and choose?,” the Court questioned.

Jacquline’s Counsel senior advocate Siddharth Agarwal and Prashant Patil submitted that the actress cooperated with the investigation and her statement was recovered 5 times.

They also submitted that she was not arrested during the investigation and supplementary charge sheet has been filed and she is also a woman. This proposition ought not to be altered by the court.

It was also argued that she was not aware that the gifts she received were out of proceeds of crime. In these circumstances, she is entitled to bail.

On the other hand counsel for ED submitted that she has a history of attempting to flee the country. She did not cooperate in the investigation.

Apart from this, she is economically sound, she can influence the investigation and win over the witnesses.

She possessed, used, and enjoyed the proceeds of crime, ED argued. It is the role of the accused. The investigation is still going on, any other may crop up.

ED’s counsel also submitted that she is a foreign national and has roots in Sri Lanka. Her parents live in Bahrain, her brother is living in Australia and her sister is in another country. She may flee if she is enlarged on bail.

She can not be granted bail only ground of the accused is a woman as she did not cooperate in the investigation.

In these circumstances she may not be granted bail, ED’s counsel submitted.

Earlier, she was granted interim bail in the matter by the trial court.

Enforcement Directorate (ED) in its reply opposing the regular bail plea of Jacqueline stated that she never cooperated with the investigation and only made the disclosure when confronted with evidence.

Jacqueline was informed about Sukesh’s criminal antecedents within 10 days of her introduction to him. She is no ordinary person but a Bollywood actress with huge financial resources and hence high stature and influence mentioned in the ED.

The Additional Sessions Judge earlier issued notice to ED on Jacqueline’s regular bail petition and granted interim bail to her till the pendency of the regular bail petition.

On August 17, 2022, a supplementary charge sheet was filed by the Enforcement Directorate in the Rs 200 crore extortion case against conman Sukesh Chandrashekar in a Delhi Court mentioned the name of Bollywood actor Jacqueline Fernandez as an accused.

Jacqueline Fernandez has also been summoned by ED several times in the matter for the purpose of investigation.

Advocate Prashant Patil appeared for Jacquline and stated that she has always cooperated with the investigation agencies and attended all the summons to date. “She has handed over all the information to the best of her ability to the ED,” he said.

According to ED’s earlier Chargesheet, Bollywood actresses Jacqueline Fernandez and Nora Fatehi examined and stated that the actresses got top models of BMW cars, the most expensive gifts from the accused Sukesh.

ED charge sheet clearly stated, “During the investigation, statements of Jacqueline Fernandez were recorded on August 30, 2021, and October 20, 2021, Jacqueline Fernandez stated, “she received gifts viz three designer bags from Gucci, Chanel, and two Gucci outfits for gym wear. A pair of Louis Vuitton shoes, two pairs of diamond earrings and a bracelet of multi-coloured stones, two Hermes bracelets. She also received a Mini Cooper which she returned.”

According to ED, Sukesh was confronted with Jacqueline on October 20, 2021.

Jacqueline Fernandez stated that Sukash Chandrasekhar had arranged private jet trips and hotel stays on different occasions for herself.

Statements of Nora Fatehi were recorded under section 50 of PMLA, 2002 on September 12, 2021, and October 14, 2021, wherein she stated that she got a booking for a charity event and during the event, she was gifted a Gucci Bag and one iPhone by Leena Paulose. (Wife of Chandrashekhar)

Nora further stated that Leena Paulose had called her husband and put the phone on speaker where he thanked her and said that they were her fans. She then announced that they would gift her a Brand new BMW car as a token of love and generosity.

The court had listed the matter for hearing arguments on charges in the matter on November 24 and 25. (ANI)

Sisodia Claims Scared Of Losing Polls, BJP Arrested His PA

By LokMarg 5th November 2022

Delhi Deputy Chief Minister Manish Sisodia on Saturday said the BJP is so afraid of losing elections that they raided his house and when they did not find anything, the ED raided his personal assistant’s house and when they did not find anything there too, they arrested him.

“They got my house raided based on false FIR, searched bank lockers, checked in my village but found nothing against me. Today, they conducted a raid at my PA’s house and when they didn’t find anything, they arrested him. BJP people! So much fear of losing the election,” he tweeted. (translated from Hindi)
Earlier on October 17, Sisodia was summoned to the CBI headquarters in the national capital where he was quizzed for nine hours.

While speaking to the media after the summon at his residence, Sisodia alleged that the case against him was intended not to probe any scam but to “make Operation Lotus successful in Delhi”.

“I was asked inside the CBI office to leave (AAP), or else such cases will keep getting registered against me. I was told ‘Satyendar Jain ke upar konse sachhe cases hain?’…I said I won’t leave AAP for BJP. They said they’ll make me CM,” he alleged.

However, the CBI refuted all such allegations and said that the examination was carried out in a “professional and legal manner”. It affirmed that the investigation will continue as per the law.

In August, the enforcement agencies conducted searches on Sisodia’s official residence among several other places in connection with the alleged corruption in the implementation of Delhi’s excise policy.

Sisodia, who is in charge of the excise department, has been under the scanner for alleged deliberate and gross procedural lapses which provided undue benefits to the tender process for liquor licencees for the year 2021-22.

Other accused are Manoj Rai, a former employee of Pernod Ricard; Amandeep Dhal, director of Brindco Sales; director of Buddy Retail Amit Arora, and Dinesh Arora; authorised signatories of Mahadev Liquors Sunny Marwah, Arun Ramchandra Pillai and Arjun Pandey.

The ED and the Central Bureau of Investigation (CBI) had alleged that irregularities were committed while modifying the Excise Policy and undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority’s approval. The beneficiaries diverted “illegal” gains to the accused officials and made false entries in their books of account to evade detection.

This allegedly caused a loss of Rs 144.36 crore to the exchequer, said the FIR, which has been instituted on a reference from the Union Home Ministry following a recommendation from Delhi Lieutenant-Governor Vinai Kumar Saxena. (ANI)

PFI’s Kerala Bandh Tuns Violent: Protestors Pelt Stones; 2 Policemen Injured

By LokMarg 23rd September 2022

A day after Popular Front of India leaders were arrested in a massive country-wide raid, the outfit’s dawn-to-dusk hartal began on Friday, and incidents of stone pelting and attacks on vehicles, including KSRTC buses, by protesters were reported from various places in the state.

The shutdown in Kerala has been called by the PFI to protest the arrest of its members in nationwide raids by the National Investigation Agency yesterday.
The hartal (strike) started at 6 am and will continue for 12 hours till 6 pm.

In various other parts of the state, the roads were seen deserted this morning with few of people on the roads.

According to the police, stone-pelting incidents were reported at various places in the state.

Two police officers were attacked earlier today by the hartal supporters at Pallimukku in the Kollam district.

Visuals showed hartal supporters pelting stones at the Kerala State Transport Corporation (KSRTC) bus at Panamaram village in Wayanad district. The bus was going to Kozhikode.

KSRTC buses were also attacked in Kozhikode, Kochi, Alappuzha, and Kollam.

In the state capital of Thiruvananthapuram, an autorickshaw and a car were seen in a damaged state after being attacked in Poonthura.

Releasing a statement, the PFI state committee said that it considered the NIA’s arrest of PFI national and state leaders “unjust” and “part of atrocities by the state”.

“A hartal will be held in the state on September 23, Friday) against the RSS-controlled fascist government’s move to use central agencies to silence dissenting voices,” it said.

The PFI also called upon the “democratic believers” to make success the strike against the “fascist regime that crush the civil rights”.

According to the police, stone-pelting incidents are being reported at various places in the state.

Two miscreants on a bike at Pallimukku in the Kollam district abused police officials and hit them after they attempted to stop them, police said.

The injured police officials were identified as Antony and Nikhil have been admitted to the hospital. The police said the bike number of the assailants have been noted and they will be soon be taken into custody.

In Kottayam roads were seen deserted.

Earlier on Thursday, the PFI, while condemning the raids by the NIA and the Enforcement Directorate (ED) against its leaders, stated that it will “never surrender” and alleged that the agency’s claims are aimed at “creating an atmosphere of terror”.

A total of 106 Popular Front of India (PFI) cadres were arrested yesterday in a joint operation conducted by the National Investigation Agency, Enforcement Directorate and state police forces across 15 states in the country’s multiple locations, according to the sources.

The states where the raids were conducted included Andhra Pradesh (4 places), Telangana (1), Delhi (19), Kerala (11), Karnataka (8), Tamil Nadu (3), Uttar Pradesh (1), Rajasthan (2), Hyderabad (5), Assam, Madhya Pradesh, Maharashtra, Goa, West Bengal, Bihar and Manipur.

The searches were conducted in connection with five cases registered by the NIA following “continued inputs and evidence” that the PFI leaders and cadres were involved in the funding of terrorism and terrorist activities, organising training camps for providing armed training and radicalising people to join banned organisations.

A large number of criminal cases have been registered in different states over the last few years against the PFI and its leaders and members for their involvement in many violent acts.

Earlier on Thursday, the PFI and SDPI workers staged a protest in Karnataka’s Mangaluru against the raids, following which they were detained by the state police.

PFI workers sat on the road in protest against the NIA raid at the party office in Chennai.

The PFI was launched in Kerala in 2006. (ANI)