Synopsis: Deepak Kochhar, after being tested positive for COVID-19, has also requested temporary bail on the grounds of his current medical condition as he is admitted to a private hospital for his treatment.
On Thursday, the Delhi High Court issued a notice to the Enforcement Directorate on a petition moved by Deepak Kochhar, the husband of former ICICI Bank president Chanda Kochhar, seeking to quash the ED’s FIR filed against him in the case of money laundering in connexion with an alleged misappropriation of the ICICI Bank-Videocon loan.
While seeking an answer to the plea, Justice Anup Jairam Bhambhani asked the ED to file a status report on the matter. The court granted the ED time to file a status report on the question of territorial authority and medical grounds and referred the case for further hearing on 14th October.
On the basis of his current medical condition, Deepak Kochhar also requested temporary bail as he was admitted to a private hospital there after being tested positive for COVID-19. Advocates Mukul Rohatgi and Vijay Aggarwal tended to suggest that his arrest by the ED was “illegal” because a copy of the FIR recorded by the ED against him was not even provided to him.
Advocate Amit Mahajan, raised a preliminary objection to the maintenance of the petition. Kochhar claimed that the ED had not followed the protocol prescribed by law and that, to date, a copy of the FIR had not been given to him.
The counsel of Kochhar has also challenged his arrest and claimed that the ED could not produce him in Mumbai, but could only take transit remand from Mumbai as the ED acquiesced to the jurisdiction of Delhi.
In connexion with the ICICI Bank-Videocon money laundering case investigation, the ED arrested Kochhar on September 7 under the provisions of the Prevention of Money Laundering Act (PMLA). Kochhar, who is currently in judicial custody, was brought by ED to Delhi for questioning purposes. He tested positive of COVID-19 during the period.
Advocate Amit Mahajan who appeared for the ED challenged the maintainability ground arguing that while the ECIR was registered in the national capital since the offence was committed in Mumbai, the special judge is the jurisdictional court, Mumbai and the Bombay High Court will be there for appeal.