Delhi High Court on Friday sought the stand of the news portal NewsClick, its editor on the ED plea against protection from coercive action in a money laundering case.
Issuing a notice to NewsClick and its editor-in-chief Prabir Purkayastha, Justice Saurabh Banerjee observed that prima facie, the investigation agency’s submissions for the vacation of interim protection granted to the portal two years ago have merit and require deliberation.
The application is part of the ongoing proceedings on a petition by the portal seeking a copy of the Enforcement Case Information Report (ECIR) lodged by the ED in the case.
The ED counsel said new material had been unearthed, revealing the commission of the offence of money laundering.
He also said the petition was not maintainable as the ECIR is an internal document that cannot be supplied and the petitioners cannot “piggyback” on the interim relief.
Criminal conspiracy for “paid news”
This is a criminal conspiracy for “paid news” where crores of rupees have come in violation of laws, the ED’s counsel submitted.
“Prima facie, in the opinion of this court, the above contention has merit and requires deliberation. In view thereof, issue notice,” Justice Banerjee said and listed the matter for further hearing on September 6.
On June 21, 2021, the High Court directed the ED not to take any coercive action against NewsClick and Purkayastha in connection with the money laundering case. The interim protection was further extended on July 29, 2021.
In the application for vacation of the interim order, the ED said the Supreme Court had deprecated the practice of “blanket no coercive action” orders and such orders during the course of investigation virtually amount to granting anticipatory bail to the accused.
“Since ECIR can no longer be provided to the accused and as for grant of anticipatory bail the twin conditions of Section 45 (PMLA) are required to be complied (with), the continuation of interim protection to the accused petitioner virtually amounts to grant of anticipatory bail in a PMLA case without the satisfaction of the twin conditions. Therefore, the orders dated 21.06.2021 and 29.07.2021 granting interim protection must be vacated at the earliest in view of the settled position of law,” the ED application said.
