VIJAY DEO JHA
Ranchi, Oct 16: Kolkata-based businessman Amit Agrawal’s wife has approached the Supreme Court against Enforcement Directorate (ED) for arresting and prosecuting him in the cash for PIL case.
His criminal writ petition 410/2022 is scheduled for hearing on Monday by the court of Chief Justice of India U. U. Lalit. This has been listed as matter number 68 by the Supreme Court and Ranjeeta Rohatagi is his advocate. This has been listed for admission for interim relief.
Amit Agrawal has stated he was the complainant in the cash for PIL case against Jharkhand High Court advocate Rajiv Kumar. Amit Agrawal said that the advocate was arrested by Kolkata police along with Rs 50 Lakh cash the advocate had extorted from him in lieu of giving him relief in shell company-related PIL.
Amit Agrawal said that the ED took up this case for investigation and despite being a complainant he was named as an accused along with Rajiv Kumar. He is learned to have stated that ED and Kolkata police have connived against him and he is being harassed.
Notably, advocate Rajiv Kumar who was arguing a shell company related PIL 4290/21 for the petitioner Shiv
Shankar Sharma was arrested on July 31st in Kolkata along with cash. His arrest was made on the basis of a written complaint of Amit Agrawal that Rajiv Kumar forced him to pay Rs. 10 Crore not to drag his name as well as his company in the PIL. Amit Agrawal also said that Rajiv Kumar also told him that amounts were required as he had to manage court and enforcement agencies officials. Kolkata police even issued notice to a senior official of ED.
About 10 days back the ED arrested Amit Agrawal and filed a prosecution complaint against him and Rajiv Kumar. ED stated that a substantial portion of the proceeds of the crime of an illegal mining scam in Jharkhand worth Rs. 1000 Crore, was laundered through several companies of Amit Agrawal.
The agency charged him with bribing Rajiv Kumar and getting him trapped to push the investigation away so that the concealed proceeds of crime do not surface. ED further stated that 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 PIL.
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 said that he got Rajiv Kumar trapped to frustrate the PI by using his good relations and proximity with the Kolkata Police. ED stated that was not Rajiv Kumar who contacted him; rather, Amit Agrawal fraudulently established contact with Rajiv Kumar through Sonu Agrawal who is the terror funding accused of the NIA.
The FIR was registered against Rajiv Kumar and Shiv Shankar Sharma at Hare Street police station under section 7A of the Prevention of Corruption Act, 2018 and section 120B, and section 384 of IPC. 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.