E-Paper
Graft case: ED likely to start money laundering probe against former CBI judge Sudhir Parmar
The central agency will conduct investigations under the Prevention of Money Laundering Act after registering an enforcement case information report based on the April 17 first information report (FIR) registered by ACB against the ex-CBI judge
The Enforcement Directorate (ED) will soon step in to investigate the money laundering facet in the corruption case registered against former CBI judge Sudhir Parmar, his nephew Ajay Parmar and director of real estate company, M3M India Pvt Ltd Roop Bansal by Haryana Anti-Corruption Bureau (ACB) at Panchkula.
The central agency will conduct investigations under the Prevention of Money Laundering Act (PMLA) after registering an enforcement case information report (ECIR) based on the April 17 first information report (FIR) registered by ACB under sections 7, 8, 11 and 13 of the Prevention of Corruption Act and section 120-B of the Indian Penal Code for offences relating to public servant being bribed, a public servant taking undue advantage without consideration from person concerned in proceedings or business transacted by such public servant, criminal misconduct by a public servant and criminal conspiracy.
‘Anti-graft law sections invoked in Parmar case are predicate offences’
Sections 7, 8, 11 and 13 of the Prevention of Corruption Act and section 120-B of the IPC are scheduled offences under the PMLA. ED officials said every scheduled offence is a predicate offence and the occurrence of the same is a pre-requisite for initiating investigation into the offence of money laundering. Money laundering has been described in United Nation’s Vienna convention as the conversion or transfer of property, knowing that such property is derived from an offence, for the purpose of concealing the illicit origin of property or of assisting any person involved in such offence to evade legal consequences of his/her actions. The ED, it is learnt, is seeking information from the Haryana ACB in this regard.
Top court ruling strengthens ED’s move
The ED’s move to step in the matter has gained strength from a May 12 Supreme Court ruling where a bench headed by Justice Krishna Murari held that in case of an offence of corruption, the criminal activity and the generation of the proceeds of crime are like Siamese twins.
The SC said that receipt of bribe money is an act of money laundering. Deciding a batch of criminal appeals the apex court said that once an information relating to the “acquisition” of huge amount of illegal gratification in the matter of public employment has come into public domain, it is the duty of ED to register an information report.
“This is because acquisition is an activity amounting to money laundering and illegal gratification acquired by a public servant represents proceeds of crime, generated through a criminal activity in respect of a scheduled offence. Therefore, it does not require any expedition, much less a fishing expedition for someone to say that the receipt of bribe money is an act of money laundering,’’ the top court held.
The graft case
Haryana judicial officer Sudhir Parmar, suspended on April 27, after being booked on April 17, has been accused of alleged favouritism to real estate developers Roop Bansal and his brother Basant Bansal of M3M and Lalit Goyal of IREO Group, as per the ACB’s FIR.
The Bansals and Goyal have been named as accused by the CBI and the ED in cases pending before the special CBI court -- a court that was presided over by Parmar.
Parmar held charge of the CBI court in Panchkula, and was also special judge under the PMLA, Panchkula.
Parmar, Roop Bansal did not respond to text messages sent on May 10 seeking a comment. Sameer Chaudhary, lawyer for the real estate development company IREO, in an email on May 11 night denied allegations of any misconduct or wrongdoing and participation in any offence, as alleged or otherwise.
The email sent to HT by a public relations firm said that IREO or its officials or persons associated with it did not approach the Haryana judicial officer in any manner. “The proceedings before the court were held as per the due process of law. IREO has full faith in the investigating authorities of the country to look into evidence and showcase the truth,’’ the email said.
An additional district and sessions rank judge, Parmar was presiding over the trial of several CBI and ED cases involving real estate developers, retired bureaucrats and politicians. He was questioned by an ACB team on April 18 morning raid at his official residence in Panchkula. He was placed under suspension by the high court chief justice on April 27 after an interlocutory application in the Supreme Court (SC) was filed by the HC seeking the permission of the apex court to transfer Parmar “in view of gravity and seriousness of the matter”.
The FIR was registered on the basis of “reliable source information”, WhatsApp chats and audio recordings of the accused.
