New Delhi: The Enforcement Directorate (ED) has sought a maximum of seven years’ rigorous imprisonment for Robert Vadra and others in connection with the tainted 2008 Gurugram land deal, according to the prosecution complaint filed by the probe agency at a Special PMLA court in Delhi.

The agency has also sought confiscation by the government of 43 immovable properties allegedly acquired by Vadra and others using proceeds of crime (PoC) generated through money laundering.

The Special PMLA court in Delhi has fixed 28 August to take cognisance of the ED complaint and has issued a notice to Vadra.

ED alleges fraudulent execution of transfer deed

Elaborating on the mode of generation of PoC of money laundering by Robert Vadra in the land deal, the ED alleged in the complaint that the husband of Congress MP Priyanka Gandhi Vadra and other accused also committed a penal offence of dishonest or fraudulent execution of a deed of transfer containing false statements, under Section 423 of the Indian Penal Code.

In its prosecution complaint, the ED sought a maximum of seven years’ imprisonment for Vadra and other accused under Section 4 (Punishment for money laundering) and suggested penal or criminal action for the fraudulent execution of the deed.

“The transfer deed was executed containing a false statement of consideration with regards to receipt of sale consideration by the seller from the buyer and with regards to the total amount of consideration as well, thereby violating the provisions of section 423 of IPC. The buyer had never issued the cheque to the seller and the cheque mentioned in the sale deed did not pertain to the buyer,” said the chargesheet.

Alleged stamp duty evasion of ₹44 lakh

Alleging a loss of ₹44 lakh caused to the Haryana government in stamp duty, the ED stated:

“The sale deed refers the valuation of the said land at ₹7.50 crore, on the contrary the seller got the payment of ₹7.95 crore on 9 August 2008 (against sale consideration and stamp duty); and ₹7.43 crore on 16 August 2008 (additional sale consideration). The undervaluation of the land directly leads to evasion of stamp duty.”

Jurisdiction justification

Earlier, the ED justified its decision to file the PMLA case in the Special Court in Delhi by claiming that all the accused, except one, reside in Delhi and all the entities associated with the accused, which are involved in the process of money laundering, are registered in the Delhi jurisdiction.

It added, “It is submitted that the FIR in this case was filed by the Gurugram Police. However, the offence of money laundering was committed by the accused at various places/states including Delhi, Haryana, Punjab, Uttar Pradesh, Gujarat and Rajasthan. Further, most of the bank accounts of the entities associated with Vadra, identified as accused number 1, are also situated in Delhi and used by the accused in Delhi to acquire assets or to satisfy the liabilities of companies registered in Delhi.”

Properties worth ₹38.69 crore attached

The ED said Vadra received ₹58 crore as proceeds of crime of the involved money laundering and claimed that its investigation led to the provisional attachment of 43 immovable properties, totalling ₹38.69 crore, identified as direct or value equivalent to proceeds of crime.

Seeking confiscation of these properties, the ED stated, “The complaint is filed with the prayer to punish the accused persons under Section 4 (Punishment for money laundering,) which is a rigorous imprisonment for three to seven years and confiscation by the government of the properties earned by the accused as proceeds of crime.”

IANS inputs