Sukesh Chandrashekhar has challenged the order framing charges against him in a money laundering case related to the Election Commission bribery case of 2017.
Incidentally, the main case has been stayed by the Delhi High Court. Justice Dinesh Kumar Sharma, after hearing the arguments for Sukesh Chandrashekhar and the Enforcement Directorate (ED) asked them to file their written submissions. He said that the matter needs further consideration.
Justice Sharma said, “I am not issuing notice. Both of you file written submissions.”
Advocate Anant Malik, appearing for Sukesh, argued that, in view of the stay on the main case (scheduled case), the trial court could not have framed charges of money laundering under the PMLA.
Malik argued that the scheduled offence is the basis on which the money laundering case is based. “When it goes, everything goes,” he said.
The counsel for the ED submitted that if the arguments of the petitioner were accepted, it would have wide ramifications. This petition is a dilatory tactic to hinder the trial.
The agency’s counsel submitted that except in cases where an accused is acquitted or discharged, any protection in the scheduled offence does not have any impact on the money laundering offences.
The counsel also submitted that there was a proceeds of crime and that it was used by the accused in buying cars and paying bills.
The ED case is based on a Delhi Police case against Sukesh for allegedly taking money from TTV Dinakaran, the former AIADMK leader. He allegedly took the money to bribe the Election Commission officials in order to get the two leaves symbol for the V K Sasikala faction in a by-election on the RK Nagar assembly seat in Tamil Nadu.