The Enforcement Directorate (ED) on Monday moved the Delhi High Court challenging a Special CBI court verdict acquitting former Telecom Minister A. Raja, DMK MP Kanimozhi and others in a money laundering case arising out of the 2G case.
The ED submitted that the CBI court, while acquitting all 10 individuals and nine entities from the money-laundering charges, did not properly appreciate the facts and evidence in the case.
On December 21 last year, a CBI court had dismissed the ED’s charge of money laundering saying there was no “proceeds of crime” as all accused had been acquitted in the main case filed by the CBI.
The ED’s case is that Mr. Raja received illegal gratification of ₹200 crore for favours shown by him to Swan Telecom Pvt. Limited (STPL) while granting 13 UAS licences and allocation of spectrum in the year 2008-09.
The ED has claimed that illegal gratification of ₹200 crore was paid by companies of Dynamix Balwa Group through partnership firm Dynamix Realty, Kusegaon Fruits and Vegetables Pvt. Limited and Cineyug Films Pvt. Limited, which was ultimately parked in Kalaignar TV Pvt. Limited.
‘Court misdirected’
The amount was returned along with an additional sum just to show the receipt of illegal payment as bona fide financial transaction, the ED said.
In its appeal, the Directorate contended that the CBI court was “misdirected” in holding that the money-laundering offence had not taken place merely because of acquittals in the CBI case.
The agency said the accused were acquitted on the ground that the CBI case did not stand, ignoring judgment by various courts holding money laundering as an independent offence.
The ED also argued that the CBI court failed to appreciate that the Supreme Court had itself examined a large number of documents and ordered cancellation of 122 licences granted during Mr. Raja’s tenure.
The CBI court had dismissed the agency’s case against the accused in the 2G spectrum allocation case saying, “There is no evidence on the record produced indicating any criminality in the acts allegedly committed by the accused relating to…transfer of ₹ 200 crore to Kalaignar TV as illegal gratification.
