Robert Vadra plea to quash ECIR abuse of process of law: ED tells Delhi HC

The Enforcement Directorate (ED) today challenged the maintainability of the plea filed by Robert Vadra in the Delhi High Court seeking to quash the ECIR registered against him in a money laundering case..The ED has been asked to file an affidavit in this regard..The order was passed by a Division Bench of Justices Hima Kohli and Vinod Goel after Solicitor General of India Tushar Mehta argued that Robert Vadra’s petition could not be entertained by the Court..Mehta argued that the present petition was an abuse of process of law. He further alleged that Robert Vadra has willfully suppressed material facts in the petition..After recording that Robert Vadra’s anticipatory bail application was being heard by the Special CBI Court, the Court has kept the plea with respect to protection from coercive action pending..“The said application (anticipatory bail) is pending before Special CBI Court and interim bail is granted…CBI Court will hear the arguments in the bail application and pass an appropriate order without being influenced by the pendency of the petition and application here.”.Apart from challenging the ECIR, Robert Vadra has also challenged the constitutional validity of Sections 3,17,19,24, 44 and 50 of the Prevention of Money Laundering Act, 2002..The Court was, however, informed that the issue of constitutional validity of PMLA sections was already pending before the Supreme Court..The ECIR pertains to charges of money laundering against Robert Vadra in purchasing a property in London worth 1.9 million pounds. Robert Vadra has been summoned by the EC several times for interrogation pursuant to the same..It is the ED’s case that Robert Vadra is involved in the commission of the offences of cross border and domestic money laundering. It has also alleged that Robert Vadra is the beneficial owner of various properties under investigation that have been acquired through proceeds of crime..On March 19, the ED had submitted before the Special CBI Court that it needed custodial interrogation of Robert Vadra in relation to the case..Vadra subsequently moved the Delhi High Court seeking to quash the ECIR and challenging various provisions of the PMLA Act..In his petition before the Court, Robert Vadra has alleged that the ECIR was registered to ‘harass and humiliate’ him. He has claimed that the subject matter of the present ECIR is the same as that of a previous ECIR registered at Jaipur, Rajasthan..Robert Vadra has further submitted that the investigation in the previous ECIR could not prove any prosecutable offense against him..Meanwhile, the CBI Court today extended Vadra’s interim bail till March 27. Counsel for Vadra concluded their submissions in the anticipatory bail plea..Vadra was represented by Senior Advocates KTS Tulsi and Abhishek Manu Singhvi..The matter will next be heard on May 2.