NEW DELHI: The Enforcement Directorate has decided to challenge in the Supreme Court a Delhi HC order that quashed a money laundering case against news portal NewsClick and its Editor-in-Chief, Prabir Purkayastha, on charges of violation of FDI rules, officials said on Thursday. The high court’s May 29 order “overlooked or left unaddressed” several critical contentions raised by the prosecution, they said.
Justice Neena Bansal Krishna had observed in her 41-page judgment that the continuation of the FIR by the Delhi Police’s Economic Offences Wing (EOW) against NewsClick and Purkayastha was “nothing but a gross abuse of the process of law” and once the FIR under predicate offence was quashed, the ED’s case in the matter was also liable to be closed.
“Aside from bald assertions of there being a criminal conspiracy, there is not a whisper of any incriminating allegation, which would even remotely suggest the commission of the offence punishable under Section 4 PMLA (Prevention of Money Laundering Act),” the order said.
Meanwhile, reacting to the high court’s order, NewsClick said in a statement on Thursday that it has “always maintained that the numerous cases and charges against it are attacks on the freedom of the press.” ED officials said they would file an appeal against the HC order before the SC. The judgment appears to proceed on the basis that there is no deceived victim, they said.
Also in court
Court declares two EOW arrests ‘illegal’
A Delhi court has declared the arrest of two persons “illegal” in an EOW case, ruling that the grounds for arrest presented by Delhi Police fail to justify it as both the accused were complying with the probe, and ordered their release. The case pertains to an FIR filed over allegations relating to forged/fabricated bank guarantees and connected documents in relation to a tender of Solar Energy Corporation of India.