New Delhi: Swan Telecom promoter Shahid Usman Balwa today told a Delhi court that the charge sheet filed by Enforcement Directorate in a 2G scam-related money laundering case was "contradictory" and the transfer of Rs 200 crore to Kalaignar TV was a "prudent business transaction".
Balwa, who has been chargesheeted in the case along with 18 others, including former Telecom Minister A Raja and DMK MP Kanimozhi, argued in the court that ED has made the case on the basis of "hearsay evidence" and its complaint was nothing but a "bundle or compilation of statements and documents."
Advocate Vijay Aggarwal, who argued for Shahid Balwa and Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Aggarwal, who are also accused in the case, claimed that facts stated in ED's charge sheet do not have any legal standing.
"On one side, ED has said they have done separate probe and on the other they are relying on CBI's FIR as well as the chargesheet filed earlier. ED's complaint is contradictory," he told Special CBI Judge OP Saini while arguing on framing
of charges as well as bail pleas of the accused.
ED had filed a charge sheet against 19 accused claiming that the transaction of Rs 200 crore, which was allegedly paid to Kalaignar TV, was not genuine" and it was a "bribe for grant of telecom licences to DB Group companies".
During the arguments, Aggarwal claimed that ED has alleged that various entities were involved in transaction of money but the agency has not seized any document from the Registrar of Companies (RoC) and even no official from the RoC has been arraigned as witness in the case.
On ED's allegation that reverse trail of Rs 200 crore from DMK-run Kalaignar TV to DB group company commenced after Raja was summoned by CBI in December 2010 for interrogation in 2G scam case, Aggarwal said almost 50 per cent of the money given
to the TV channel was refunded before it.
He also argued his clients were not involved in the transaction of money.
During the hearing, the court also heard the arguments on framing of charges and bail pleas filed by Managing Director of Kalaignar TV Sharad Kumar, Swan Telecom promoter Vinod Goenka and Bollywood producer Karim Morani who are co-accused in the case.
The court has fixed the matter for tomorrow for further arguments on the bail pleas as well as framing of charges. ED had chargesheeted 19 accused -- 10 individuals and nine firms -- in the case.
Besides Raja, Kanimozhi, Shahid Balwa, Goenka, Asif Balwa, Rajiv Aggarwal, Sharad Kumar and Morani, ED has also named DMK supremo M Karunanidhi's wife Dayalu Ammal and P Amirtham as accused in the case.
ED has also named Swan Telecom Pvt Ltd, Kusegaon Realty Pvt Ltd (formerly known as Kusegaon Fruits and Vegetables Pvt Ltd), Cineyug Media and Entertainment Pvt Ltd (formerly known as Cineyug Films Pvt Ltd), Kalaignar TV Pvt Ltd, Dynamix Realty, Eversmile Construction Company Pvt Ltd, Conwood Constructions and Developers (P) Ltd, DB Realty Ltd and Nihar Constructions Pvt Ltd as accused in the case.
ED had earlier told the court that their probe into the case emanates from the 2G scam and these accused had allegedly conspired and committed offences under PMLA.
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Updated Date: Jun 04, 2014 20:15:25 IST