The recent judgment passed by an Italian court in the Rs 3,600-crore VVIP chopper deal case acquitting two foreigners of graft charges does not have any bearing here in the probe into a money-laundering matter, the Enforcement Directorate today told a Delhi court.
The probe agency's submission came while opposing a plea of businessman Gautam Khaitan arrested for alleged money laundering in the chopper deal. Khaitan in his plea has sought bail and permission to place some "fresh facts" about Italian court's order and documents.
The Enforcement Directorate (ED), in its reply, sought to dismiss Khaitan's application for bail and for submitting new facts on the ground that it was an attempt to "frustrate" the proceedings and the probe under the Prevention of Money Laundering Act (PMLA).
"These so-called/alleged new facts by the applicant does not have any bearing on the disposal of the bail application as the same does not in any way relate to the investigation done by the ED in India under the PMLA," ED's prosecutor Naveen Kumar Matta said.
ED's Assistant Director Vikas Mehta, the investigating officer in the case, said in the reply that Khaitan has not disclosed "entire facts" to the court in his bail application.
"The annexures placed along with the application suggest that the Italian court held that the corruption charges still stand, which are there due to falsification of invoices and ordered jail for two years. Besides, the ED is investigating the matter under the PMLA.
"In none of the reports submitted by the applicant, it is mentioned that the Italian court has also exonerated the applicant and other persons based in India," the reply said, adding the ED is yet to get the Italian court's order copy.
Khaitan had, in his fresh plea, said that in a similar case, the Italian court has passed a verdict exonerating two foreign nationals accused of bribery and corruption in India and in view of this, the ED's allegation that he had received kickbacks now stands "eroded".
The court, after hearing the arguments, reserved its order for tomorrow on Khaitan's bail plea.
