ED moves Delhi HC against acquittal of Kanimozhi, Raja in 2G PMLA case

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New Delhi | Published: March 20, 2018 5:39:19 AM

The Enforcement Directorate on Monday moved the Delhi High Court challenging a special court order acquitting former telecom minister A Raja, DMK MP Kanimozhi and others in the money laundering case arising out of the 2G spectrum scam.

Kanimozhi, Raja, ed, cbi, delhi high courtAfter the CBI lodged an FIR, a case was registered by the ED under the provisions of the Prevention of Money Laundering Act on March 9, 2010.

The Enforcement Directorate on Monday moved the Delhi High Court challenging a special court order acquitting former telecom minister A Raja, DMK MP Kanimozhi and others in the money laundering case arising out of the 2G spectrum scam.

The special CBI court on December 21 had let off all the accused, saying since there are no “proceeds of crime,” nothing remains to be laundered.

The investigative agency has told the HC that the CBI judge ignored the gravity of the offence and committed a grave error by acquitting the accused in the offence of prevention of money laundering on the basis of acquittal in the CBI case. It said the trial judge should have considered the offence under PMLA as a separate, independent and standalone offence to be tried and adjudicated.

According to the appeal, the trial judge failed to deal with thee judgments, though specially cited, that have held that the offence of money laundering is an independent offence.

The judge has completely misdirected himself in holding that the offence of money laundering has not taken place merely because of acquittal of accused in the offences investigated and tried by the CBI, it said, adding that the judge gravely erred by not appreciating that the SC had examined large number of documents and material before ordering cancellation of 122 licenses granted during A Raja’s tenure.

After the CBI lodged an FIR, a case was registered by the ED under the provisions of the Prevention of Money Laundering Act on March 9, 2010.

Judge OP Saini had said that there is absolutely no material on record to link Raja with the transfer of `200 crore, allegedly the bribe money in the 2G spectrum allocation case, to Kalaignar TV (P) Ltd.
The ED had alleged that the Rs 200 crore bribe money was paid by Swan Telecom (P) Ltd (STPL) promoters to DMK-run Kalaignar TV as illegal gratification in lieu of grant of 2G spectrum licences.

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