HC seeks Deepak Talwar's reply on ED's plea to cancel anticipatory bail in Airbus case

The Delhi High Court Friday sought response of lobbyist Deepak Talwar on the Enforcement Directorate's (ED) plea seeking cancellation of his anticipatory bail in a money laundering case related to the purchase of 43 aircraft by erstwhile Indian Airlines from France's Airbus Industrie in 2005. Justice Chander Shekhar issued notice to Talwar on the agency's petition and listed the matter for further hearing before the roaster bench on July 25.

The court, however, refused to stay at this stage certain portion of the May 21 order of the trial court by which Talwar was granted anticipatory bail. Advocates D P Singh and Amit Mahajan, representing ED, submitted that certain findings of the trial court were erroneous and they should not be treated as precedents and such findings should be stayed as they would also come in the way of other cases.

Talwar is currently in judicial custody in a separate case related to negotiations allegedly favouring foreign private airlines causing losses to national carrier Air India. According to ED, the case was filed against Indian Airlines officials and other unknown persons, "alleging that the officials, by abusing their official position as public servants in conspiracy with Airbus Industrie, caused undue pecuniary advantage to Airbus Industrie and caused corresponding undue loss to the government exchequer in carrying out the purchase of 43 aircraft by Indian Airlines from Airbus Industrie, France".

It further said: "The cabinet committee on economic affairs/ empowered group of ministers had approved the purchase of 43 Airbus Aircraft in 2006 and the purchase price per aircraft was fixed with the condition that Airbus will establish training and MRO Centre worth USD 175 million (around Rs 1,000 crore). "However, purchase order was placed for supply of 43 aircraft by fraudulently deleting the said condition. Deletion of those conditions for establishing MRO and training centre resulted in undue benefit of Rs 1,000 crore to Airbus which should have been reduced from agreed purchase price of aircraft fixed by the government of India."

In the other case, ED has alleged that Talwar acted as a middleman in negotiations to favour foreign private airlines causing loss to national carrier Air India. It had told a trial court that it was trying to find out the names of officials of the Ministry of Civil Aviation, National Aviation Company of India Ltd and Air India, who favoured foreign airlines, including Qatar Airways, Emirates and Air Arabia, by making national carrier give up profit making routes and profit making timings.

Talwar was brought to India from Dubai by the authorities in January and was subsequently arrested by the ED.

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