The Enforcement Directorate (ED) on Saturday arrested businessman Amit Agarwal and advised a particular court docket in Ranchi that he had created a “facade” and “hatched” a legal conspiracy to “lure” Rajeev Kumar, a lawyer representing a petitioner in two PILs in opposition to Jharkhand Chief Minister Hemant Soren and who’s now below arrest.
Whereas one of many PILs sought a prosecution sanction in opposition to Soren, who holds the mining portfolio, for allegedly granting himself a mining lease, the opposite PIL acknowledged that the CM was allegedly linked to shell firms and cash laundering. The 2 instances are at the moment being investigated by the Enforcement Directorate (ED).
Kumar was arrested by the Kolkata Police on July 31 based mostly on a grievance by Agarwal, who alleged that he “was coerced” to bribe the lawyer as he promised he would give him “respite” within the PIL on shell firms and cash laundering. Kumar is now in judicial custody in Ranchi.
Presenting Agarwal in a PMLA court docket in Ranchi, the ED, in its remand paper, alleged that the “proceeds of the crime” within the alleged “1,000 crore unlawful mining case”, which allegedly concerned CM Soren’s aide Pankaj Mishra, had been “laundered” by way of Agarwal’s firms.
The ED additionally alleged that Agarwal’s “false grievance” in opposition to lawyer Kumar “was all completed completely to be able to challenge the [shell companies] PIL as a conspiracy between the complainant [Agarwal], the advocate, the federal government officers and the Judiciary”.
Advocate Kumar had been representing Shiv Shankar Sharma, who filed a PIL earlier than the Jharkhand Excessive Court docket alleging that a number of firms owned by Agarwal had been allegedly concerned in laundering on the behest of the Soren household.
The ED advised the court docket that “the one mens rea or motive behind this [Agarwal’s complaint] was to hamper the continuing PIL for his achieve… the title of Amit Agarwal has cropped up within the investigation of unlawful mining case having Proceeds of Crime (POC) of greater than Rs 1,000 crore. Investigation revealed {that a} substantial portion of this POC was being laundered by way of the businesses of Amit Agrawal. This act i.e. providing bribe to Rajeev Kumar and getting him trapped was a determined try to push the investigation away in order that the hid POC don’t floor” since he was “anticipating orders from the Excessive Court docket” within the PIL, “foreseeing future investigation into his firms”.
The ED additionally mentioned that whereas Agarwal claimed in his grievance to the Kolkata Police that Rajeev Kumar “demanded bribe from him”, the company’s investigation discovered that Agarwal was himself “influencing and providing bribe” to Kumar, who was “additionally eager to simply accept it”.
“…He (Agarwal) withdrew Rs 60 lakh from his checking account out of which Rs 50 lakh was used to lure Rajeev Kumar. Thus, the mentioned quantity was in actual fact proceeds of crime which was generated by Amit Agarwal and bought by Rajeev Kumar,” the ED mentioned.
The ED additionally accused the Kolkata Police of favouring Agarwal. “…It’s submitted that the accused is having relations and proximity with the Kolkata Police, which he encashed for his achieve and to deviate the investigation…the FIR (in opposition to Rajeev Kumar) was registered with the assistance of the acquainted Kolkata Police officers and was lodged in a police station, outdoors the bounds of his residence in addition to his workplace. Investigation additionally reveals that the police didn’t even confirm the contents of the grievance of Amit Agarwal and knowingly registered FIR below PC Act to be able to present that the PIL was a results of the conspiracy between applicant, advocate, court docket officers and different authorities officers.”
Agarwal had alleged in his grievance that lawyer Kumar had requested for cash with an assurance to “settle the problem” by “by managing Justices, Court docket Officers and different authorities businesses”. Nonetheless, the ED mentioned, Agarwal couldn’t present the title of any authorities official allegedly talked about by Rajeev Kumar whereas making his purported bribe demand.