Delhi Court expresses displeasure over obtaining independent medical opinion by ED without direction

New Delhi [India], March 12 (ANI): The Rouse Avenue court on Tuesday expressed its displeasure over obtaining an independent medical opinion on the condition of Amit Katyal without its order.
The court seeking a response from the accused on the reply filed by ED extended interim bail of Amit Katyal till March 22. Katyal is an accused in the 'Land for Job' money laundering case.
Special judge Vishal Gogne said that the Court, without expressing further, would only record that a rather peculiar and novel process has been followed by the ED in obtaining opinions from doctors when no direction has been issued by the Court.
It is appropriate that a formal rejoinder is filed by the accused to the reply for better appreciation of the merits as well as the contentions raised today regarding the methodology followed by the ED, the court ordered.
The court was hearing an application of Amit Katyal seeking an extension of Interim bail granted to him.
The Enforcement Directorate (ED) filed its reply.
The senior counsel for the accused submitted that the ED had followed an improper and illegal process in filing the purported "independent opinion" and statements of doctors from certain private hospitals under Section 50 PMLA alongwith the reply.
On the other hand, Counsel for the ED submitted that there is no procedural impropriety and efforts had only been made to bring forth the medical condition of the accused by way of the said independent information and statements under Section 50 of PMLA.
The court was also apprised that the order on the plea seeking cancellation of interim bail granted to the accused is pending before the High Court.
Amit Katyal was granted interim bail on medical grounds for four weeks in February which was extended.
He has been arrested by the ED in land for a job money laundering case.
Senior advocate Vikas Pahwa argued on behalf of Amit Katyal.
Special Counsel Zoheb Hossain along with advocate Manish Jain appeared for ED.
The Enforcement Directorate (ED) has filed a Prosecution Complaint (PC) on 08-01-2024 under the provisions of the Prevention of Money Laundering Act (PMLA), 2002 against Amit Katyal, Rabri Devi, Misha Bharti, Hema Yadav, Hridyanand Chaudhary and two companies viz. AK Infosystems Private Limited, AB Exports Pvt. Ltd. before the Rouse Avenue court.
The Court has taken cognizance of the PC on 27.01.2024 and issued notices to the accused persons to be present on 09.02.2024 for further trial.
It is stated that ED initiated investigations on the basis of FIR registered by CBI related to Land for Job Scam alleging that Lalu Prasad Yadav, the then Railway Minister, indulged in corruption for appointment of Group D substitutes in Indian Railways during the period 2004- 2009. The candidates were told to transfer land as a bribe in return for jobs in Indian Railways as per FIR. The CBI has also filed a chargesheet.
It is alleged by the ED that family members of Lalu Prasad Yadav namely Rabri Devi, Misha Bharti, and Hema Yadav who are made accused in the PC had received the land parcel(s) from a family of candidates [who were selected as Group D substitutes in Indian Railways] for nominal amounts.
Hridyanand Chaudhary, another accused in PC is a former employee in gaushala of Rabri Devi who had acquired property from one of the candidates and later transferred the same to Hema Yadav.
The companies AK Infosystems Private Limited and AB Exports Pvt. Ltd. were shell companies that received proceeds of crime from family members of Lalu Prasad Yadav, ED said in a statement.
It added that immovable properties were acquired in the said companies by front men and thereafter shares were transferred to family members of Lalu Prasad Yadav for nominal amounts. Amit Katyal used to manage these companies for Lalu Prasad Yadav and his family.
Earlier, ED had conducted search operations on 10-03-2023 which resulted in the seizure of cash of Rs 1 crore approximately and valuables equivalent to about Rs 1.25 Crore. ED has also provisionally attached immovable properties worth Rs. 6.02 Crore on 29-07-2023. ED had arrested Amit Katyal on 11-11-2023 for knowingly assisting Lalu Prasad Yadav and his family in money laundering, the statement said. (ANI)