The Bombay High Court on Friday asked the Enforcement Directorate (ED) to file an application before the special CBI court to club the Dewan Housing Finance Corporation Limited (DHFL) – Yes Bank cases which are being tried in CBI court and Prevention of Money Laundering Act (PMLA) Court, although they arise out of the same alleged conspiracy.
Justice PD Naik was hearing a plea filed by Yes Bank’s founder Rana Kapoor seeking that the ED be directed to file for transfer of the case from the CBI Court to the PMLA court.
Vijay Aggarwal, Kapoor’s counsel, argued that the cases should be clubbed as per the mandate of law under section 44 (1) (c) Prevention of Money Laundering Act (PMLA). Aggarwal further argued that 11 of the accused persons and 7 witnesses are common in the CBI and ED cases.
Also, the defence of the accused is the same and if these cases are not tried by the same court, then the defence of the accused shall be opened to the prosecution in the other case. The prosecution shall fulfil the cavity and cover up their case pursuant to the defence disclosed by the accused in other cases, contended Aggarwal.
The offences alleged to have been committed by Kapoor form part of the same alleged conspiracy and can be safely inferred as such and be ordered to be transferred and tried by PMLA court.
Justice Naik has directed the ED to file the application before the special CBI court within three weeks and the CBI court has been asked to decide on the same expeditiously.
