Latest news with #ED
Deccan Herald
2 hours ago
- Business
- Deccan Herald
SC lawyers controversy: ED directs investigators to not summon advocates in case against clients
The statement from the federal probe agency came in the wake of the lawyer-client privilege linked controversy that erupted after the ED issued back-to-back summons to senior Supreme Court lawyers Arvind Datar and Pratap Venugopal for giving legal advice to Care Health Insurance Limited (CHIL) on the employee stock ownership plan (ESOP) given to Rashmi Saluja, former chairperson of Religare Enterprises.
Time of India
4 hours ago
- Politics
- Time of India
HC reserves order in bail plea of ex-min Alam
Ranchi: The Jharkhand High Court on Friday reserved its order in a petition filed by former state rural development minister Alamgir Alam seeking bail pursuant to his arrest in the tender scam by the Enforcement Directorate (ED). Alam, a four-time former Congress MLA from Pakur, has been in custody since May 15 last year after the ED had started investigatigating his involvement in facilitating tenders. The case was heard by Justice Sujit Narayan Prasad who after having heard the arguments of Alam and the ED, reserved the order. Alam, a cabinet minister during the previous JMM-Congress-RJD alliance govt, had to resign from his office as he came in the line of fire following the arrest department's chief engineer Virendra Ram by the ED for his involvement in money laundering. Investigation revealed that Alam had provided tenders to selected companies and has received commissions for facilitating tenders. The investigation culminated in raids being conducted by the ED in the properties of Ram in Delhi, Jamshedpur, Patna and Ranchi. Similarly, raids were also conducted in the premises of other engineers of the department including the residence of Sanjeev Lal, the personal secretary of Alamgir Alam. In course of the raids conducted by the ED, the house of Jahangir Alam, a house help of Sanjeev, was also scanned. The raid in Jahangir Alam's house revealed possession of Rs 32 crores in cash. The investigating authorities then turned the heat on Alamgir Alam and connected the pieces concluding his involvement in accumulating huge amount of cash and stashing it in the house of his employees.
New Indian Express
5 hours ago
- Politics
- New Indian Express
Over 300 mule account passbooks seized in ED raids linked to Delhi classroom 'scam'
NEW DELHI: The Enforcement Directorate (ED) has seized more than 300 bank passbooks linked to mule accounts opened in the names of labourers, allegedly used for diverting Delhi government funds sourced from the classroom-construction 'scam' during the previous AAP regime, officials said on Friday. It is to be noted here that ED officials conducted searches in connection with the case at 37 locations across Delhi on June 18. The AAP termed the move a 'desperate' attempt to divert public attention and asserted that the allegations against its leaders were 'politically motivated'. The ED registered an Enforcement Case Information Report (ECIR), which is equivalent to a police FIR, under criminal provisions of the Prevention of Money Laundering Act (PMLA). This was based on an FIR registered by the Anti-Corruption Branch (ACB) of Delhi on 30 April against AAP leaders and former ministers in the cabinet of Chief Minister Arvind Kejriwal, including Manish Sisodia, Satyendar Jain, and a few others. Later, in a statement, a copy of which is with this newspaper, the ED said its officials had 'unearthed substantial incriminating evidence from the premises of a private contractor'. It said, 'Among the materials seized were original departmental files belonging to the Government of National Capital Territory of Delhi, as well as rubber stamps bearing the names and designations of officials from the Public Works Department (PWD).'
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Business Standard
5 hours ago
- Business
- Business Standard
Summonses issued to Saluja's lawyers cause unrest among legal fraternity
Not taking kindly to the Enforcement Directorate's (ED's) summons -- later withdrawn -- to two senior advocates Pratap Venugopal and Arvind Datar, legal experts have said though the agency can send such notices, this should be done only in the rarest of the rare cases. 'Normally and ideally unless the ED has concrete clear and irrefutable evidence as to the complicity of the lawyer in the matter of circumvention of any criminal law, a lawyer is a professional and the rules of confidentiality govern the relations with the clients and therefore the lawyer should not ideally be subject to any kind of investigation,' senior advocate Sanjoy Ghose told Business Standard. 'It is the independence of the judiciary which is at stake because if agencies proceed against lawyers, then the lawyers will not be defending their clients,' Ghose said. The Supreme Court Advocates-on-Record Association (SCAORA) on Friday wrote to the chief justice of India, deploring the ED's action and seeking suo motu cognizance of the issuance of the summons to Venugopal. It said the ED's action had ramifications for 'independence of the legal profession' and the 'foundational principle of lawyer-client privilege'. Earlier this month, the ED had first sent notice to Datar, asking him to appear before the agency in connection with legal advice he had given Care Health Insurance on employee stock options (ESOPs) issued to former Religare Enterprises chairperson Rashmi Saluja. After protests from lawyers and representations before the Supreme Court, the notice was withdrawn. On June 18, the agency issued a second summons, this time to Venugopal in connection with the same issue. In its notice, the ED asked Venugopal to furnish records pertaining to communication between him and Care Health Insurance as well as Religare Enterprises. He was also asked to furnish these details on the legal opinion given for the grant of ESOPs to Saluja after the rejection of the grant by the insurance regulator. The summons also required Venugopal to tender details of payment made by Care Health, Religare Enterprises, and other associate entities against the legal service sought by the companies. He was asked to appear on June 27 before the assistant director of the ED in Mumbai. 'Legal opinion falls under the protection of attorney-client privilege. However, the issue becomes legally complex when legal opinion is allegedly used to facilitate an illegal transaction, such as money laundering or/and when the notice does not directly seek privileged communication, but circumstantial information such as payments received or internal communications,' said Alay Razvi, managing partner of law firm Accord Juris. Though lawyers can be summoned under procedural laws like the Prevention of Money Laundering Act (PMLA), 2002, it is contentious and opposed by the legal fraternity, Razvi said. Himanshu Vidhani, partner at law firm Chandhiok & Mahajan, said the ED issuing summons to Datar and Venugopal appeared to be unprecedented. Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (previously Section 126 of the Indian Evidence Act), provides protection of the attorney-client privilege. The Madras High Court had in 2002 deprecated the issuance of a summons to an advocate. 'Allowing investigative agencies to question advocates on advice given to clients would destabilise the foundation and independence of the legal profession, particularly in connection with criminal and white collar defence,' said Divyam Agarwal, partner at law firm JSA Advocates & Solicitors. Chinmay Bhosale, advocate at Bombay High Court, said: 'In no way can an advocate be considered responsible for his or her client's actions.' An ED statement said: 'ED has issued a Circular for the guidance of the field formations that no summons shall be issued to any Advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam, 2023. Further if any summons needs to be issued under the exceptions carved out in proviso to section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director, ED.'
NDTV
5 hours ago
- NDTV
Madras High Court Stays Probe Agency ED Action Against Producer Vikram Ravindran, Associate
Chennai: In a major setback for the Enforcement Directorate (ED) in the high-profile TASMAC money laundering probe, the Madras High Court has stayed proceedings against Tamil film producer Vikram Ravindran and his associate, ruling that the ED's search and seizure operation was without authority and jurisdiction. The court also directed the ED to return all properties seized during the raid including electronic devices, with a caveat that the petitioners must not tamper with or alienate the contents of the returned items. Delivering a scathing verdict, the court noted that the ED failed to produce any incriminating material that would justify initiating proceedings against the petitioners. Despite being given two opportunities to submit evidence justifying the search, the agency could not furnish any document that suggested Mr Ravindran and his friend were involved in money laundering linked to the Rs 1,000 crore TASMAC scam. "The material presented in a sealed cover does not contain any semblance of information, which may have led them to believe that the petitioner may be involved in the offence of money laundering," the court said. It said no incriminating documents were in the ED's possession when the search was first authorised. The petitioners said they had no role in TASMAC operations and were not named in any of the 41 first information reports filed by the state's directorate of vigilance and anti-corruption. The ED earlier claimed to possess incriminating documents and alleged the duo's involvement. Alleging a Rs 1,000 crore scam in TASMAC, the government arm that sells liquor, the ED accused distilleries and bottle manufacturing firms of colluding in corrupt practices amounting to over Rs 1,000 crore. In a significant development during the hearing, the ED said it had no authority to seal the petitioners' properties and agreed to de-seal the premises. This comes at a time when the Supreme Court has already stayed the ED probe into the TASMAC case, expressing concern over the agency's aggressive approach. The Supreme Court questioned the very basis of criminal action against a state-run corporation, particularly when FIRs were registered against individuals and not the corporation itself. It had also warned that the ED was "crossing all limits" and "breaching the federal structure". The ruling DMK has repeatedly alleged that central agencies like the ED are being misused by the BJP-led Union government to target Opposition-ruled states and political rivals. The BJP has denied all such charges. Opposition parties have highlighted the ED's alleged coercive role in extracting large political donations under the now-scrapped electoral bonds scheme.
