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Synopsis

The Delhi High Court on Monday posted a plea by conman Sukesh Chandrashekhar, seeking directions to quash the FIR (ECIR) along with a prosecution complaint filed against him in a money laundering case being investigated by the Enforcement Directorate in connection with the 2017 Election Commission bribery case for hearing on December 6.

Chandrasekhar was alleged to have taken money from former AIADMK leader TTV Dhinakaran in order to secure for the VK Sasikala faction the party's 'two leaves' symbol for contesting a by-poll in Tamil Nadu.

The matter came up for hearing before the bench of Justice Amit Sharma, who posted the case for hearing on December 6, 2023.

Justice Sharma transferred it to the bench dealing with cases involving legislators. The matter will now be heard by the bench of Justice Swarana Kanta Sharma on the next date. 

Sukesh, through Advocate Anant Singh Malik, has approached the high court, claiming that the ongoing proceedings in the trial court are based on a highly biased investigation, violating the provisions of the Prevention of Money Laundering Act, 2002. In the plea, Sukesh seeks to suspend the trial proceedings.

His petition highlights alleged biases in the investigation and preconceived notions against the petitioner. It asserted that the trial court proceedings are in direct connection with the stay granted by the high court on the FIR proceedings at the Crime Branch of Delhi Police. The stay, according to the plea, has a direct bearing on the proceedings under the Prevention of Money Laundering Act (PMLA).

The Enforcement Directorate's (ED) ECIR (Enforcement Case Information Report) is linked to the FIR at PS Crime Branch, New Delhi, initially registered against Sukesh. The plea outlines that although four out of the eight accused were dropped or discharged, the trial against Sukesh, along with TTV Dhinakaran, B Kumar, and TP Mallikarjun, continued.

Furthermore, the plea notes that the court had stayed proceedings related to the alleged scheduled offenses mentioned in the 2017 FIR. The stay, initially ordered on September 30, 2019, has been extended to date, with the trial proceedings listed for February 27, 2024.

Sukesh's plea requests the high court keep the trial proceedings in abeyance, citing the ongoing stay orders and the alleged bias in the investigation. The court will consider the matter in subsequent hearings.

The money laundering probe against Chandrasekhar has arisen from a 2017 Delhi police case in which it was alleged he took money from former AIADMK leader TTV Dhinakaran to bribe Election Commission officials to secure the party's 'two leaves' symbol for the VK Sasikala faction in a by-election to the R K Nagar assembly seat in Tamil Nadu. In 2019, the high court stayed the trial against Dhinakaran and Chandrasekhar in the bribery case.

The trial court had framed charges against Chandrasekhar in the money laundering case probed by the ED in October 2022 after he was arrested earlier that year while he was in jail in connection with another case.

Chandrasekhar is also facing proceedings for allegedly cheating and extorting money from some prominent people, including former Fortis Healthcare promoter Shivinder Mohan Singh's wife, Aditi Singh.

Case Title: Sukash Chandrashekhar @ Sukesh v. Directorate of Enforcement