ED opposes before HC bail plea of journalist in money laundering case

The Enforcement Directorate has opposed before the Delhi High Court a bail plea by Delhi-based freelance journalist Rajeev Sharma, arrested in connection with a money-laundering probe linked to alleged leakage and supply of sensitive information to Chinese intelligence officers, saying the offence committed by him has cross border implications.

The probe agency said if released, he would not be available for further ongoing investigation. The agency has submitted that since Sharma allegedly supplied confidential information to Chinese Intelligence Officials during foreign trips, part of the offence took place in foreign locations. “Since Rajeev Sharma has enjoyed the proceeds of crime in various foreign countries through his foreign trips and expenses therein, the offence in the present case is an offence of cross border implications as well. ''Similarly, since some of the confidential information has been passed to the Chinese Intelligence Officials during such trips, it can also be seen that part of the offence has taken place in foreign locations for which he has earned proceeds of crime in India which again makes the offence in the present case an offence of cross border implications as defined in section 2 (l)(ra) of the PMLA, 2002,” the agency said in its reply filed on September 7 to his bail plea.

On August 26, Justice Mukta Gupta had directed the agency to file its status report in the matter and listed the matter for further hearing on September 9.

The agency has alleged that Sharma did not cooperate with the investigation and has miserably failed to establish even prima facie innocence at this stage under the money laundering law. “Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail,” the ED argued.

The agency has also justified its authority to conduct a probe in the matter on the ground that section 120B (conspiracy) of the Indian Penal Code, which is mentioned in the police FIR and charge sheet, was a stand alone scheduled offence under the Prevention of Money Laundering Act, 2002 (PMLA). On July 17, a sessions court here had denied bail to Sharma, saying that if released on bail, he would definitely attempt to wipe off the footprints and cover up the traces.

Dismissing the journalist's bail application, the judge had said, ''Sharma received lakhs of rupees on multiple occasions, invariably in cash, from dubious sources'' and failed to furnish any palpable explanation regarding the receipt of the said money.

The ED arrested Sharma under sections of the Prevention of Money Laundering Act (PMLA) on July 1.

The ED case is based on a Delhi Police FIR filed under the Official Secrets Act and various sections of the Indian Penal Code (IPC) against Sharma last year.

The journalist was arrested by the special cell of the Delhi Police on September 14 last year and charged with passing on information about the Indian Army's deployment and the country's border strategy to Chinese intelligence officers.

He was granted bail by the Delhi High Court in the case in December last year.