NEW DELHI: On a plea moved by alleged conman Sukesh Chandrashekhar, challenging the framing of charges against him in a 2017 case in which he allegedly duped former AIADMK leader TTV Dhinakaran, the Delhi High Court said the matter ‘needs further consideration’.
Seeking all parties’ response on Sukesh’s plea, including the Enforcement Directorate (ED), which charged him under the Prevention of Money Laundering Act (PMLA) in the bribery case, Justice Dinesh Kumar Sharma said the high court is not issuing notice at this juncture. “Both of you file written submissions. I am not issuing notice (at this stage),” said the judge, posting the matter for April 5.
The money laundering probe arises from a 2017 Delhi police case, which alleged that Chandrashekhar allegedly took money from former AIADMK leader TTV Dhinakaran to bribe Election Commission officials to get the AIADMK ‘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 Chandrashekhar in the bribery case.
During the course of the hearing on Thursday, Sukesh’s lawyer argued that in view of the stay on proceedings in the scheduled offence in the matter, the trial court could not have framed charges under PMLA.
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“Scheduled offence is the base. When it goes, everything goes,” the counsel submitted. On the other hand, ED submitted that the plea was a dilatory tactic and if the petitioner’s argument is accepted, it would have wide ramifications.
The probing agency contended that under the law, any protection in relation to the scheduled offence would have no impact on PMLA offences except in certain cases like acquittal or discharge. The charges are framed when there is a grave suspicion and a stay order does not wipe off a scheduled offence, ED argued.
‘No notice at this stage’
Seeking all parties’ response on Sukesh’s plea, including the Enforcement Directorate (ED), which charged him under the Prevention of Money Laundering Act (PMLA) in the bribery case, Justice Dinesh Kumar Sharma said the high court is not issuing notice at this juncture. The Delhi High Court said the matter ‘needs further consideration’.