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Synopsis

The Delhi High Court on Wednesday granted more time to conman Sukesh Chandrashekhar to file his written submissions in the plea challenging the framing of charges against him by the trial court in a money laundering case registered by the Directorate of Enforcement (ED).

During the hearing today, counsel appearing for Sukesh sought more time to file the written submissions. The counsel appearing for ED informed the court that they have filed their written submissions in the plea today itself, and the same is yet to be placed on record.

Taking note of the submissions, Justice Dinesh Kumar Sharma granted more time to Sukesh for filling his written submissions in the plea. Accordingly, the court listed the matter for further consideration on July 31.

Notably, on March 2, the single-judge bench had directed both parties to file their brief written submissions not exceeding three pages. 

Advocate Anant Singh Malik appearing for Sukesh had submitted that certain facts did not exist before the trial court at the time of the framing of charges. “Why I say so is because the proceedings in the scheduled offence were stayed by the orders of the Supreme Court and subsequently for the other petitioners by the High Court, My Lord!”, he had contended.

Malik, on behalf of Sukesh, had contended that the entire order of charge had been framed on the “assumption” that a scheduled offence had been committed, whereas the “scheduled offence” had been eclipsed because of the stay order of the Apex Court operating. Referring to the order of the Supreme Court staying the proceedings in the Scheduled offence, he had submitted that even Sukesh has been granted a stay in the case and the same is still operating. 

“Once the scheduled offence itself is stayed, the proceeds of crime become a question mark. They are not operating, there are no live proceedings as of date”, Malik had contended. He had also placed reliance on certain judgments.

On the contrary, Advocate Zoheb Hossain appearing for ED had opposed the plea and contended that if this was accepted it would have wide ramifications. “Therefore the legislature has also clarified it”, he had argued.

He had referred to two Apex Court judgments, where in a scheduled offence protection granted was not extended to PMLA proceedings and it was stated that the stay in the predicate offence will make no difference to the PMLA proceedings.

It is to be noted that on February 16, Sukesh was arrested in a fresh ED case in connection with the alleged fraud committed against his wife, Japan Singh of former Religare promoter and Malvinder Singh. A Delhi Court sent him to nine-day ED custody, in the case. Subsequently, on February 24 it was extended by 3 days.

Case Title: Sukesh Chandrashekhar v. Directorate of Enforcement 

Statue: The Prevention of Money Laundering Act