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New Delhi, Dec 21: Following the verdict on the cases related to the alleged scam involving allocation of 2G Spectrum, the Enforcement Directorate on Thursday issued a statement. The verdict acquitted all those accused in the case citing lack of evidence. ED also said it has decided to move in appeal against the judgement in one of the case. Here is the statement issued by the ED:
The judgement passed by the L’d Special Judge for PMLA, Patiala House Court, New Delhi on 21.12.2017 in the case of the Prosecution Complaint filed by the Directorate of Enforcement under PMLA, into acquittal of the 19 accused persons from the charge of offence of money laundering is based on the finding of the L’d Court that there is no scheduled offence committed by the accused persons of the CBI chargesheet. Therefore, there is no proceeds of crime in the absence of any crime.
The L’d Special Court appears to have failed to appreciate a number of factors which, inter alia, position the offence of money laundering as standalone offence. Besides the observation / findings of the Hon’ble Supreme Court in this case appear to have not been considered by the L’d Special Court.
As far as the specific issues which L’d Special Court prima-facie appears to have failed to appreciate are following :-
1. The offence of money laundering as defined under Section 3 is, inter alia, based on the term proceeds of crime. Proceeds of crime is defined under Section 2(1)(u) of PMLA, which considers only the criminal activity instead of commission of an offence. The acquittal by the L’d Court in PMLA prosecution by interpreting the term criminal activity to the extent of commission of an offence appears to be erroneous.
2. The L’d Special Court has appreciated the material evidence qua offence of money laundering at the time of framing of charges against the accused persons but the same material appears to have not been considered while deciding the prosecution complaint under PMLA and the accused persons have been acquitted from the offence of money laundering only on the basis of no commission of offence and not the occurrence of criminal activity.
3. The Directorate of Enforcement has decided to move in appeal against the judgement dated 21.12.2017 of the Special Court, inter alia, on a number of grounds based on the facts as well as legal provision.
The verdict by the Special CBI Court acquitted the accused and said the prosecution failed miserably in producing evidence in the case. While the BJP raised concern over the verdict, the Congress alleged the scam as a propaganda of the BJP.
The verdict set free former telecom minister A Raja and DMK MP Kanimozhi among others accused in the alleged scam. Believed to be the biggest scam in the history of Independent India, it was related to allocation of 2G spectrum to mobile service provider companies.
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