Deepak Kochhar moves HC for quashing of ED's FIR; Challenges his "illegal" arrest

Deepak Kochhar moves HC for quashing of ED's FIR; Challenges his "illegal" arrest
By , ET Bureau
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Deepak Kochhar has alleged that ED has not followed the procedure prescribed under law and a copy of the FIR has not been supplied to him till date.

Besides ED, the Central Bureau of Investigation is investigating the alleged quid pro quo deal.
New Delhi: Deepak Kochhar has moved the Delhi High Court seeking quashing of the case registered by Enforcement Directorate against him on charges of money laundering.

Arguing on behalf of Deepak Kochhar, senior lawyer Mukul Rohatgi and advocate Vijay Aggarwal have contended that Deepak Kochhar has not been supplied a copy of the FIR registered by ED against him.

Kochhar's petition says ED's ECIR (equivalent of an FIR) dated January 31, 2019 is not a "privileged document but a public document".

Kochhar has sought quashing of ED's ECIR dated January 31, 2019.

Deepak Kochhar has alleged that ED has not followed the procedure prescribed under law and a copy of the FIR has not been supplied to him till date.

Kochhar has also challenged his arrest by ED last month (September 8) describing it as illegal. Kochhar has contended that ED could not have produced Kochhar in Mumbai but could have only taken transit remand from Mumbai as ED acquiesced to Delhi’s jurisdiction.

Kochhar's quashing petition, accessed by ET, reads that FIR against him is registered in New Delhi and the entire investigation has been conducted in New Delhi. He has further said that ED has till date not supplied grounds of his arrest.

He has claimed that he has duly cooperated with investigation and was constrained in furnishing information sought by ED due to Covid-19 related restrictions. Kochhar has also sought setting aside of "ex parte mechanical remand".

Kochhar has also sought directions to ED not to issue any press release in a matter pending investigation and direct ED to withdraw press release dated January 10.

ET last month reported that a Mumbai court had shifted Deepak Kochhar to judicial custody, on a request by the Enforcement Directorate after the businessman in its custody tested positive for Covid-19.

On September 8, the court had remanded Kochhar in the ED’s custody till September 19 for interrogation. He tested positive for the infection on September 14 and the agency admitted him to AIIMS in New Delhi for treatment.

Since this meant losing out time granted by the court to interrogate him, the ED sought his treatment under judicial custody so that it could get his custody back once he recovered from the disease.

While the court accepted the plea to shift the custody to judicial from police, it ordered on September 14 that he be produced before it within two days of testing negative and his discharge from hospital “for further necessary order”.

The federal agency is probing a money-laundering case against the businessman and his wife, former ICICI Bank chief executive Chanda Kochhar. The case is linked to alleged quid pro quo in loan transactions between ICICI Bank and the Videocon Group.

Besides ED, the Central Bureau of Investigation is investigating the alleged quid pro quo deal.

The CBI has accused Kochhar of receiving “illegal gratification” from Videocon through her husband for sanctioning a term loan of Rs 300 crore. ED had registered a money laundering case last February after CBI had booked the Kochhars and Venugopal Dhoot of Videocon.

The Kochhars and Dhoot have denied the allegations levelled by both the CBI and ED.

During her questioning by the ED last year, Chanda Kochharhad denied any wrongdoing and said the loan approval was a collective decision and not that of an individual.

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