VIJAY DEO JHA
Ranchi, Oct 11: The Enforcement Directorate (ED) has claimed that a substantial portion of the proceeds of the crime of an illegal mining scam in Jharkhand worth Rs. 1000 Crore, was laundered through many companies of Kolkata-based businessman Amit Agrawal whom it arrested in the cash for PIL case.
The ED stated that Amit Agrawal offering a bribe to Jharkhand High Court advocate Rajiv Kumar and getting him trapped was a desperate attempt to push the investigation away so that the concealed proceeds of crime do not surface. Notably, the ED in its prosecution complaint has claimed that accused Prem Prakash had transferred Rs 5.31 Crore to M/s Aurora Studio Pvt. Ltd of Amit Agarwal.
Amit Agrawal had an ‘unlawful extraneous purpose’ to prevent any adverse order of the Jharkhand High Court against him and his companies in ongoing shell companies related to PIL 4290/2021 which Rajiv Kumar was advocating on behalf of petitioner Shiv Shankar Sharma.
This PIL is primarily against Jharkhand Chief Minister Hemant Soren and the petitioner sought a CBI inquiry alleging the CM and his associates for laundering tainted money through shell companies including that of Amit Agrawal.
The ED charged him for trapping Rajiv Kumar to influence and frustrate the PIL. He has good relations and proximity with the Kolkata Police, which he used for his gain and to deviate investigation. It was not Rajiv Kumar who contacted him; rather, Amit Agrawal fraudulently established contact with Rajiv Kumar through Sonu Agrawal. This man Sonu Agrawal is a terror funding accused of the NIA.
Kolkata police arrested Rajiv Kumar for extortion under IPC and PC Act
An FIR was registered at Hare Street police station in Kolkata against Rajiv Kumar, Shiv Shankar Sharma, and others under section 7A of the Prevention of Corruption Act, 2018 and section 120B, and section 384 of IPC. Complainant Amit Agrawal said that Rajiv Kumar demanded Rs 10 Crore as a bribe in the name of the government and court officials besides judges. ED said that a trap was set by Amit Agrawal with the help of Kolkata Police at the Quest Mall and Rajiv Kumar was trapped red-handed while accepting Rs 50 Lakh in cash on July 31st. Later on, the ED took up this case for investigation and an ECIR was lodged at the Ranchi zonal office of the agency.
Amit Agrawal lied that Rajiv Kumar demanded a bribe
The ED stated that it was Amit Agrawal who contacted Rajiv Kumar through Sonu Agrawal. Whereas, Amit Agrawal falsely stated in his complaint to the police that Rajiv Kumar contacted him for settling the PIL in lieu of a bribe. Amit Agrawal continuously played before the ED and cooked the story of threat or fear from Rajiv Kumar. But he himself contacted and induced him for a bribe and get him trapped with the help of acquainted police officers of Kolkata Police. Thus, the said case of bribery is nothing but to involve government agencies in trouble and motivated by the anticipated legal benefit in PIL 4290/2021.
“As per the investigation till date no government official, or any court official or any agency’ contacted Amit Agrawal, neither Rajiv Kumar mentioned the name of any government official. Yet Amit Agrawal frivolously alleged in his complaint that Rajiv Kumar consented to give him respite against a huge amount of Rs. 10 Crore as a bribe to be paid to him for onwards payments to different government officials to minimize the issue and later dispose of it. Amit Agrawal also stated falsely in his complaint that Rajeev Kumar assured him that he has a lot of big contacts and that he will keep the government agencies silent against him, if he is paid the bribe otherwise Rajiv Kumar would ruin his business,” remand petition reads.
Phone transcripts reveal Amit Agrawal offered and influenced a bribe to Rajiv Kumar
Referring to the phone transcript provided by Kolkata police, the ED stated that Amit Agrawal is a party to the entire conspiracy. Though, he claimed in his complaint to police that Rajiv Kumar demanded a bribe from him whereas, from the transcriptions, it is revealed that Amit Agrawal was “himself influencing and offering a bribe to Rajiv Kumar who is also keen to accept it.’
Further, Amit Agrawal mentioned in his complaint that Rajiv Kumar and Shiv Shankar Sharma are hand-in gloves in filing PIL against different businessmen and their companies. Later on, they compromise in lieu of a huge amount of money with assurance to settle the issue by managing Justices, Court Officers, and other government agencies. But during the investigation, he could not provide the name of any government official and others who were mentioned by Rajiv Kumar during his purported demand for managing them.
Kolkata police did not verify the complaint, and knowingly lodged FIR to show PIL motivated
The ED has raised fingers upon the conduct of Kolkata police and said that Amit Agrawal got the FIR registered with the help of acquainted Kolkata Police officials and was lodged in a Police station, outside the limits of his residence as well as his office.
“Investigation also reveals that the police did not even verify the contents of the complaint of Amit Agrawal and knowingly registered FIR under PC Act to show that the PIL was a result of the conspiracy between applicant, advocate, court officials and other government officials,” the ED stated.
Rs 50 lakh generated by Amit Agrawal and acquired by Rajiv Kumar is a proceed of crime
As per the ED Amit Agrawal had anticipated that the court would direct law enforcement agencies to investigate the alleged laundering of black money through his companies he hatched a plan and frivolously mentioned bribe to government officials, court officials and Judges so that sections of Prevention of Corruption Act is invoked in the FIR. It was done to project the PIL as a conspiracy between petitioner, Rajiv Kumar, government officials and judiciary people.
“The only… motive behind this was to hamper the ongoing PIL for his gain. For this, he withdrew Rs 60 lakhs from his bank account out of which Rs 50 lakhs was used to trap Rajiv Kumar. Thus, the said amount was in fact proceeds of crime which was generated by Amit Agrawal and acquired by Rajiv Kumar.
Amit Agrawal is equally guilty like Rajiv Kumar under section 3 of PMLA, 2002
The ED stated that not only the accused Rajiv Kumar but also Amit Agrawal is guilty. Amit Agrawal voluntarily gave the bribe that Rajiv Kumar accepted.
“In addition, Amit Agrawal was working for a larger sinister design for getting a larger benefit out of it by sacrificing Rajiv Kumar under the ambit of law involving extortion and bribing. He himself was taking shelter of the status of the complainant but the investigation exposed him as mentioned above. Amit Agrawal is the main conspirator behind the trap of accused Rajiv Kumar which was done in a fraudulent manner to rope in the petitioner and the advocate of the PIL in which he was foreseeing an investigation into his companies. Thus, Amit Agrawal is equally guilty of the offense of Money Laundering as Rajiv Kumar,” ED stated.
