ED moves HC seeking cancellation of Robert Vadra's anticipatory bail in money laundering case

NEW DELHI: The Enforcement Directorate (ED) asked the Delhi High Court to cancel Robert Vadra’s anticipatory bail on Friday. Vadra, brother-in-law of Congress president Rahul Gandhi, had been granted protection from arrest in a money laundering case by a lower court on April 1.
The agency contended that anticipatory bail was proving to be a roadblock in its ongoing investigation. “Anticipatory bail, to some extent, intrudes in the sphere of investigation of crime and that the courts must be cautious and circumspect in exercising such powers,” the ED said. It added that the lower court had “ignored the material on record” produced by the agency.

Investigation into crucial aspects of the case such as unearthing the source of credit used for purchasing properties, existence of other linked transactions and accounts and the role of other key persons is underway, the agency told the court.

Fearing evidence tampering, ED said Vadra could influence witnesses in the case. Seeking Vadra’s custody to question him, the ED said he needed to be confronted with evidence to bring the probe to its logical conclusion.

High Court to Hear Plea on Monday

The ED’s appeal is likely to come up for hearing on Monday. The agency has also challenged the anticipatory bail given to Manoj Arora, an employee of Vadra’s Skylight Hospitality LLP and a co-accused in the case.

Vadra has been questioned by the agency more than a dozen times for over 50 hours. It has repeatedly maintained that Vadra remained uncooperative and evasive during the questioning. The agency has said that it is in possession of several “incriminating documents” to prove that Vadra played an active role in money laundering and acquiring half a dozen properties in London through his associates with kickbacks received in lieu of a petroleum and defence deal struck during the Congress-led United Progressive Alliance (UPA) administration.

The agency has alleged that Sanjay Bhandari, the absconding arms dealer who is allegedly linked to Vadra, entered into a “contingent contract” seeking kickbacks of $10 million to swing the deal in favour of the company. The kickbacks were to be paid in two equal instalments to Bhandari’s company.

The agency is investigating whether the 2008 deal, between staterun Oil & Natural Gas Corp (ONGC) and Samsung Engineering, was connected to the alleged purchase of half a dozen properties in London for Vadra. According to the agency, a wing of the finance ministry, these properties were purchased by Bhandari’s companies and Vadra’s associates.

ED is also looking at a 2012 deal — the purchase trainer aircraft for the Indian Air Force, which is already being investigated by the Central Bureau of Investigation (CBI). Bhandari among others are under the CBI’s scanner on charges of corruption in the Rs 2,896-crore deal to procure 75 Pilatus PC-7 basic trainer aircraft.

The propeller-driven aircraft were an emergency purchase after the air force training schedule went haywire following the grounding of the entire fleet of 114 piston-engine HPT-32 planes, in the wake of a 2009 crash that killed a pilot. The Delhi Police registered a first information report (FIR) under the Official Secrets Act against Bhandari in October 2016.

Vadra and his lawyers have repeatedly dismissed the allegations, calling them motivated and patently false.