The Congress on Monday approached the Election Commission asking it to initiate “criminal proceedings” against BJP president Amit Shah and seeking cancellation of his Rajya Sabha membership for filing an affidavit that hid his liabilities.
A Congress delegation comprising Kapil Sibal, Abhishek Singhvi, Jairam Ramesh, and Vivek Tankha submitted a four-page memorandum to the Chief Election Commissioner, alleging that Mr. Shah did not disclose liabilities in respect of two properties he mortgaged to raise credit for his son Jay Shah’s firm Kusum Finserve.
‘₹25-crore loan raised’
“We have told the EC, that under the Representation of the People Act and the rules framed in 2004, it is mandatory for a candidate to disclose his assets as well his liabilities. Amit Shah ji has mortgaged his two properties for his son and got a loan of ₹25 crore from one of the biggest cooperative banks in Gujarat. He didn’t disclose this in his affidavit … So we have told the EC that it is a violation of law,” Mr. Sibal said.
“We have also pointed out that under Section 125 A of the Representation of the People Act, concealment can lead to criminal prosecution and six months in jail. The EC itself can start the proceedings,” he added.
The former Law Minister said the Congress can also lodge a complaint but “it doesn’t want to make this a political issue.”
Mr. Singhvi said Rajya Sabha Chairman M. Venkaiah Naidu should look into the matter as the rules in the Upper House allow him to “suspend and disqualify MPs” who file incomplete affidavits.
On Saturday, former Union Minister Jairam Ramesh had alleged that Mr. Jay Shah’s Kusum Finserve’s net worth was only ₹6 crore but it managed to get a credit facility of ₹95 crore after mortgaging two properties owned by his father.
“Shell companies are closing and they should close, but Shah companies are flourishing,” he had said.
Charges bogus: BJP
However, BJP spokesperson Sambit Patra called the Congress allegations bogus.
“The allegations against him [Mr. Shah] are totally bogus and fake ... Even if Amit Shah has mortgaged his property, it does not mean that the liability is his,” Mr. Patra said.
He said the BJP president has only mortgaged his property to provide collateral security.
“On the contrary, he will be violating the law if he shows his adult son’s liability in his election affidavit.”he added.