Damania opposes Bhujbal's discharge, writes to HC
MUMBAI, Jan. 25 -- Social activist Anjali Damania has written to the Chief Justice of the Bombay High Court seeking suspension of a special PMLA court order that discharged NCP minister Chhagan Bhujbal, his son and nephew in a money laundering case.
The case pertains to a 2005-2006 contract for the construction of Maharashtra Sadan in New Delhi, allegedly awarded when Bhujbal was Maharashtra's PWD minister. There were also allegations of kickbacks in other projects in Mumbai and Navi Mumbai. Bhujbal has previously spent time in jail in cases linked to money laundering.
Speaking to the media on Saturday, Damania said the case arose from FIR (registered after a PIL she filed in 2014. She also emphasised that discharge should not be equated with acquittal, adding that several discharge orders are under revision or being challenged, which, she said, keeps criminal proceedings alive. Damania said the PIL was the starting point of the criminal prosecution, and on December 18, 2014, the High Court had appointed a Special Investigation Team (SIT) comprising the director-general of the Anti-Corruption Bureau (ACB), Mumbai, and the ED to probe the allegations and submit a report.
The PIL claimed the Maharashtra Sadan project had been fraudulently allotted without tenders and through fabricated records. It also alleged the acceptance of kickbacks through benami companies in the names of Bhujbal's relatives.
Following the PIL, two FIRs were registered by the state ACB and one by the EOW of the Navi Mumbai police. Damania said the trial relating to alleged kickbacks of Rs.2.5 crore in the Central Library case is still pending.
These FIRs together form the predicate or scheduled offences for proceedings under the Prevention of Money Laundering Act, she said. Damania questioned how the PMLA court held that the predicate offences had ceased to exist, when at least one FIR remains pending and trial is underway. She said the ED has itself recorded that further PMLA prosecution would follow the completion of investigation in the Central Library FIR. Discharge in one FIR, she added, does not extinguish other scheduled offences arising from the same PIL, as each FIR is independent.
Rejecting the allegations, Bhujbal said that people have been using Maharashtra Sadan and the RTO office in Andheri for years, and claimed "not a single paisa" was paid to the contractor. He added that the Navi Mumbai project could not be completed as it was repeatedly attached by authorities....
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