CBI Court sends lawyer Gautam Khaitan to judicial custody till February 20

Aditi Singh February 8 2019
Gautam Khaitan

Special CBI Court today sent lawyer Gautam Khaitan to judicial custody till February 20 in connection with a case under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

While remanding Khaitan to judicial custody, Judge Arvind Kumar posted his bail plea for arguments on February 15.

Khaitan, who is also one of the accused in the AgustaWestland chopper case, was arrested by the Enforcement Directorate on January 26 under the Black Money Act pursuant to a fresh Enforcement Case Investigation Report. He is accused of having several undisclosed foreign bank accounts and beneficial interest in several undisclosed foreign entities. As per the Agency, the 'proceeds of crime' under investigation amount to nearly Rs. 800 crore.

On January 26, Duty Magistrate had sent Khaitan to two days ED custody. On January 28, Khaitan was remanded to five days’ custody with ED by the CBI Court. His custody was further extended by six days on February 2.

In his bail plea filed through Advocates Madhu Khurana and Saurabh Verma, Khaitan argues that there was no longer any need for him to be in custody.

The bail application informs that Khaitan was in ED custody from the evening of January 24 when the ED Officials came to his office to conduct search proceedings. The said proceedings went on till 11 am on January 25. He was subsequently formally arrested in the evening on January 25.

It has been alleged that the arrest memo given to Khaitan did not mention the "new ECIR" number but the one pertaining to AgustaWestland case, in which he is already on bail.

It was only after the issue was brought to the notice of the Court that the Agency issued a clarification with respect to the ECIR "to cover up its illegal acts", the application argues.

Khaitan has also claimed that with respect to the subject matter of the current proceedings, he was already facing prosecution under the Income Tax Act and has also secured bail.

Submitting that he is an advocate who has been practicing in Delhi for more than 25 years and has deep roots in society, Khaitan argues that there was no possibility of him fleeing from prosecution or tampering with evidence.

Advocate DP Singh represents the Enforcement Directorate.

Advocate PK Dubey appears for Khaitan.

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