A Delhi court today asked the Enforcement Directorate to respond to a plea of a businessman charged with money laundering in the Rs 3,600-crore VVIP chopper deal seeking bail on the ground that an Italian court has acquitted two foreigners of graft charges.
The plea seeking bail and permission to place some fresh facts relating to Italian court's order and documents was filed by Gautam Khaitan, who has been arrested by ED in the money laundering case.
Khaitan, in his fresh plea, submitted that in a similar case, the Italian court has passed a verdict exonerating two foreign nationals accused of charges of bribery and corruption in India and in this view, the ED's allegation that he had received kickbacks now stands "eroded".
Advocate Vikas Garg, appearing for ED, told special CBI judge V K Gupta that he would file the reply within two days.
The court, which was scheduled to pass order today on the bail plea of Khaitan, fixed the matter for October 15.
In his plea, Khaitan said these fresh facts assume significance as the entire emphasis of ED was that Khaitan had facilitated the kickbacks.
"In the above circumstances, even the prima facie case of the matter pending in Italian court, is no more there. Rather, the accused are exonerated of the said offence by the Italian court. Therefore, no prima facie case exists against the applicant and the applicant should be granted bail," it said.
The Italian court on October 9 acquitted former Finmeccanica CEO Giuseppe Orsi and ex-AgustaWestland head Bruno Spagnolini of corruption charges in the chopper deal with India.
They, however, were sentenced to two-year jail term on lesser charges of falsification of invoices.
ED had earlier opposed Khaitan's bail plea alleging that he was involved in the transfer of "tainted money". It had argued that Khaitan was "actively involved" in the illegal transactions relating to proceeds of crime and he was one of the beneficiaries of the entire deal.
