AIADMK's two leaves symbol row: Sukesh moves Delhi HC seeking to quash ED's FIR

CHENNAI: Alleged conman Sukesh Chandrashekhar has moved Delhi High Court seeking direction to quash FIR (ECIR) along with the prosecution complaint (chargesheet) filed against him in a money laundering case being investigated by Enforcement Directorate in connection with the two leaves symbol case. Petitioner Sukesh through advocate Anant Malik stated that the proceeding going on before the trial court is based on a highly biased investigation and preconceived notions against the petitioner thereby violating the provisions of the Prevention of Money Laundering Act, 2002 and to keep the trial proceedings in abeyance.

The plea further stated that there is a stay operating in the proceedings arising out of FIR at the Crime Branch of Delhi Police granted by this court as those proceedings have a direct bearing on the proceedings under the PMLA i.e. the ECIR and the prosecution complaint under challenge in the present petition. The petition also stated that the ED's ECIR arises out of the FIR at PS Crime Branch, New Delhi which was initially registered against Sukesh Chandrashekhar. Thereafter, a case was registered in 2019 against 8 individuals including TTV Dhinakaran, B Kumar and TP Mallikarjun.

Although out of the 8 accused persons, 4 were dropped/ discharged as Accused, however, the trial proceedings continued against Sukesh Chandrashekhar along with TTV Dhinakaran, B Kumar and TP Mallikarjun. Thereafter, in the meanwhile, proceedings arising from the alleged scheduled offences as stated in the FIR registered in 2017, were stayed by this Court vide Order dated September 30, 2019.

Moreover, the interim orders of stay have been continued by this Court to date vide order dated October 17, 2023. Therefore, the trial proceedings in the Schedule offence were stayed at the stage of Prosecution Evidence and are now listed for February 27, 2024, stated the petition. Earlier, Sukesh Chandrasekhar had challenged the framing of charges against him in a PMLA case in connection with the AIADMK two leaves symbol case in Delhi High Court.

On October 15, 2022, the trial court ordered framing of charges and said, "The court is of the opinion that there is sufficient material on record to prima facie frame 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 Crime Branch registered an FIR under Sections 170/120-B of IPC and Section 8 of the Prevention of Corruption Act, 1988 (PC Act) against the accused Sukesh Chandrashekhar and TTV Dhinakaran on the allegation that the accused Sukesh Chandrashekhar took money from TTV Dhinakaran to bribe the ECI officials to get the AIADMK election symbol 'two leaves' for VK Sasikala faction. As per the FIR registered by the 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 Sukesh 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, RK 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 14.07.2017 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 PC Act. Subsequently, two supplementary charge sheets were also filed against the accused Sukesh Chandrashekhar and eight others. Based on 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 the Headquarter Investigation Unit, Directorate of Enforcement and the 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 investigation.

The accused Sukesh Chandrashekhar was arrested under Section 19 of PMLA on 01.04.2022 and ED was granted custody of the accused till 14.04.2022 and presently he is in judicial custody. Statements of various persons under Sections 50 (2) and (3) PMLA were recorded including of the accused Sukesh Chandrashekhar, said the ED in court.