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2G Scam: ED files chargesheet against A Raja, Kanimozhi, Dayalu Ammal


Anna Isaac,CNN-IBN
Apr 25, 2014 at 05:28pm IST

Chennai: The Enforcement Directorate has filed a chargesheet against former telecom minister A Raja and DMK chief Karunanidhi's daughter Kanimozhi in the 2G scam case. The chargesheet has been filed under the Prevention of Money Laundering Act.

Kanimozhi's mother and Karunanidhi's wife Dayalu Ammal has also been named as an accused along with Sharad Kumar of Kalaignar TV, Shahid Balwa, Vinod Goenka, CFO of Kalaignar TV and Swan Telecom Asif Balwa and others.

A total of 19 people have been named as accused in the case. The trial court will decide whether or not to take cognizance of the chargesheet on April 30.

The money laundering case pertains to the alleged illegal routing of Rs 200 crore to DMK family-run Kalaignar TV. The legal opinion to file a charge sheet in this case, sources said, has relied on a 2010 Jharkhand High Court order which validates application of the Prevention of Money Laundering Act in cases prior to its amendment in 2009.

The agency claimed to have found evidence with regard to the channelling of Rs 200 crore to Kalaignar TV through a circuitous route, and relying on the Jharkhand High Court order it has decided to slap the charge of criminal proceeds by the act of money laundering against the accused, including the duo, under the PMLA.

The ED had asked for a legal vetting of the chargesheet by the country's top law officer Ghoolam E Vahanvati through the Department of Revenue early last year. Official sources said the Attorney General perused the chargesheet and sent it back to the Law Ministry.

The opinion on the chargesheet included that of Solicitor General Mohan Parasaran who cleared it for being placed before the competent court trying the 2G case. The legal opinion to file a chargesheet in this case, sources said, was reinforced by a 2010 Jharkhand High Court order which validates application of the Prevention of Money Laundering Act in cases prior to its amendment in 2009.

The agency claimed to have found evidence with regard to the channeling of Rs 200 crore to the DMK family-run Kalaignar TV through a circuitous route and relying on the Jharkhand High Court order it has decided to slap the charge of "criminal proceeds" against the accused, including the duo, under the PMLA. The High Court order, relating to Hari Narain Roy vs Union of India, had stated that any money laundering related offences prior to the date of amendment of PMLA can be prosecuted under the said Act.

This particular deal of Rs 200 crore pertains to January 2008. The High Court order, according to the Revenue department sources, had "made it clear and straight" for law enforcement agencies like Enforcement Directorate to prosecute any act leading to laundering even if they were committed before June 2009 when PMLA was amended and sections 120-B (criminal conspiracy) and 420 (cheating) of IPC were included as scheduled offences.

Section 3 of the PMLA states that "whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money laundering."

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