A special National Investigation Agency (NIA) court has allowed the application of the Enforcement Directorate (ED) to record the statement of lawyer Surendra Gadling in Taloja jail in a money laundering offence registered last year. Gadling is an accused in the Elgar Parishad - Bhima Koregaon case and is in judicial custody of the special court.
As per the ED's plea, Gadling is involved in raising funds for the banned terrorist organisation Communist Party of India (Maoist) and disbursing them. It claimed that the lawyer is one of the prime suspects and an active member of the organisation.
Opposing the ED's plea, Gadling argued that the money laundering case is a ploy to keep him behind bars. He pointed out that the case was registered last March against him after the US firm Arsenal Consulting's report was out in February, which showed that the evidence in the Bhima Koregaon case had been planted. He said the 'hidden agenda' is to implicate him in yet another case so that his release becomes difficult.
He also pointed out that there is no mention of proceeds of crime in the consecutive chargesheets filed against him in the Elgar case. In the absence of evidence of the existence of proceeds of crime, provisions of the Prevention of Money Laundering Act (PMLA) cannot be invoked, he argued.
Accepting the ED's plea, Special NIA Judge Rajesh J Katariya said that it can record Gadling's statement on three days between August 17 and 19. The order stated that whether there are proceeds of crime or not is a matter of investigation and that interrogation needs to be permitted.
