Seven accused in the Adarsh scam have moved the Bombay High Court stating the Enforcement Directorate's case against them for money laundering is not "sustainable" as provisions of anti-money laundering law were not in force at the time of commission of the alleged offence
The accused — R C Thakur and M M Wanchoo, promoters of Adarsh society, former collector Pradeep Vyas, former civic chief Jairaj Phatak, retired army major generals T K Kaul and A R Kumar and former Congress MLC Kanhaiyalal Gidwani — have filed an intervening application in a PIL by Thane-based activist Pravin Wategaonkar.u00a0
“The provisions of Prevention of Money Laundering Act (PMLA) were brought in force only from July 1, 2005. The incident in question that is allotment of land to Adarsh society, handing over possession of the land, registration of the society and approval of membership for the society happened before PMLA came into force. Hence they cannot be tried for money laundering offences if any committed,” the application states. Appropriate sanctions to prosecute the accused have also not been taken, claims the application.
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