HYDERABAD: Tandur MLA Pilot Rohith Reddy moved the Telangana High Court on Tuesday, seeking a direction to declare the actions of the Enforcement Directorate (ED) in registering an Enforcement Case Information Report (ECIR) and initiating steps for launching an investigation against him as lacking in jurisdiction and ultra vires to the provisions of the Prevention of Money Laundering Act (PMLA) and to set aside all such actions.
In his petition, the Bharat Rashtra Samithi (BRS) legislator said the actions of the defendant — the ED, represented by its joint director, deputy director and assistant director (PMLA) — were contrary to the purpose and goal of the PMLA, and that the entire inquiry is tainted by malice insofar as he was concerned.
The FIR and complaint submitted by him, as well as the remand report filed in relation to the custody requested of the people apprehended, clearly show that the crime was reported as a result of an attempt to induce him and certain fellow MLAs to quit one party and join another, Rohith Reddy’s petition said. It mentioned that the police had been notified in advance and had begun gathering evidence.
The actual sequence of events was recorded using devices put up by the appropriate police squad, and the accused were apprehended as such activities were being carried out. Though the accused promised a payment of Rs 100 crore in two phases, the crime was reported considerably earlier, the entire effort was videotaped, and the accused were captured red-handed even before any money was moved, the petition pointed out.
The planned offence and the way in which the accused individual was apprehended would demonstrate that there are no profits of crime. The proceeds of crime are defined under Section 2(1)(u) of the PMLA, it said.
Furthermore, the manner in which the ECIR was registered on December 15, 2022, and the petitioner summoned the same day, as well as the petitioner’s request for an adjournment not being granted, would clearly show that the entire exercise was being done in an obtuse and extraneous manner for purposes other than those conferred under PMLA, the petition said.
“It is respectfully submitted that there has been a serious dispute between the two political parties that are running the State government and the Union government separately, and that the political party that is currently forming and running the government at the central level has also invoked this court’s jurisdiction,” the petition said.
Stating that given that earlier instances of the Central government utilising investigative agencies for ancillary purposes have been taken judicial notice of by constitutional courts, including the Supreme Court, which used the metaphor “caged parrot” to describe such investigating organisations, the MLA said that he has fair grounds for concern since his complaint to the Moinabad police has caused significant embarrassment to the political party in charge of the Central government. He said that the ED has been deployed to annoy and disturb him and therefore sought protection.