AIADMK symbol case: Delhi HC defers hearing Sukesh's plea

NEW DELHI: The Delhi High Court on Wednesday deferred the hearing on alleged conman Sukesh Chandrashekar's plea challenging the framing of charges against him in a PMLA case in connection with the AIADMK two leaves symbol case. The trial Court had on October 15, 2022, ordered the framing of charges under Section 3 punishable under Section 4 of the PMLA against Sukesh Chandrasekhar.

Sukesh through his Advocate Anant Malik in February month has moved Delhi High Court challenging the trial court order and stating that the trial Court incorrectly, erroneously and without proper application of mind arrived at the conclusion that the charge of an offence under Section 3 of PMLA punishable under Section 4 of PMLA should be framed against the Petitioner. The bench of Justice Dinesh Kumar Sharma on Wednesday while deferring the matter for July 31, granted more time to counsel for Sukesh, and sought more time to file their written submissions.

Meanwhile, the counsel for ED also informed the bench that they have filed their written submissions today and the same will be placed on record. On October 15, 2022, the trial court ordered for framing of charges and said the Court is of the opinion that there is sufficient material on record to prima facie frame a charge against the accused Sukesh for the offence of money laundering under Section 3 of the PMLA punishable under Section 4 of PMLA.

According to the prosecution, the accused was arrested by Crime Branch Delhi Police on April 16, 2017, from Hyatt Regency Hotel and cash of Rs.1.30 crores was seized from his possession. Thereafter, the Crime Branch registered FIR under Sections 170/120-B of IPC and Section 8 of the Prevention of Corruption Act, 1988 ( PC Act) against the accused Sukash Chandrashekhar and TTV Dhinakaran on the allegation that the accused Sukash Chandrashekhar took money from TTV Dhinakaran to bribe the ECI officials to get the AIADMK election symbol 'two leaves' for V.K. Sasikala faction. As per the FIR registered by Crime Branch, Delhi Police, the accused Sukesh Chandrashekhar was promised a sum of Rs 50 crores in return for a favourable order from ECI. It is stated that the accused Sukash Chandrashekhar is a known cheat having several involvements in high-profile cheating cases and he was using a Mercedes Benz Car having Member of Parliament printed on both the registration plates. A search of the room of the accused in Hotel Hyatt Regency, R.K. Puram was conducted and Rs 1.30 crores were seized from his room.Further one Mercedes Benz Car and one BMW car were also recovered from the possession of the accused Sukesh Chandrashekhar and were seized.

It was also stated that on July 14, 2017 charge sheet was filed by Delhi Police under Sections 419, 420, 467, 468, 471, 474, 201, 170, and 120-B of IPC and Section 8 of the Prevention of Corruption (PC) Act. Subsequently, two supplementary charge sheets were filed against the accused Sukash Chandrashekhar and eight others. On the basis of the FIR filed by the Crime Branch which contains the Scheduled Offences (Section 120B IPC and Section 8 PC Act) ECIR dated 28.04.2017 was recorded by Headquarter Investigation Unit, Directorate of Enforcement and an investigation was initiated. Enquiries under Section 54 of PMLA were made from various agencies and individuals and the information and documents were analyzed and used in an investigation.

The accused Sukesh Chandrashekhar was arrested under Section 19 of PMLA on April 1, 2022, and ED was granted custody of the accused till April 14, 2022, and presently he is in judicial custody. Statements of various persons under Sections 50 (2) and (3) PMLA were recorded including the accused Sukash Chandrashekhar, said the ED in court.