AgustaWestland Case: Court approves ED plea of separation of trial

New Delhi [India] February 22 : The Rouse Avenue Court has granted the Enforcement Directorate's (ED) permission to separate the trials of the accused in the AgustaWestland chopper case.
ED sought to commence the trial against individuals who have received summons and participated in the investigation separately from those who have either not been served summons or have evaded investigation in the ongoing money laundering trial.
Special Judge Sanjeev Aggarwal stated, "I am of the considered opinion that it would be in the interest of justice, as well as a fair and speedy trial, as enshrined under Article 21 of The Constitution of India, that the prosecution's application dated 13.08.2024 for the separation of the trial needs to be allowed. Accordingly, the application is allowed."
As a consequence, it is ordered that the files of the accused persons who have yet to be served be separated from those of the accused persons/entities who have already been served and/or are currently facing inquiry before this Court with respect to the ongoing trial/inquiry.
The case, being investigated under the Prevention of Money Laundering Act, involves a total of 60 accused. Of these, 21 accused have neither joined the investigation nor have been served summons by the ED to date.
The court noted that the first prosecution complaint in this case was filed on November 24, 2014, while the latest complaint, dated November 21, 2024, represents the 12th supplementary prosecution complaint filed by the prosecution. This means that a decade has passed between the first and the 12th supplementary prosecution complaint.
Special Judge Sanjeev Aggarwal remarked on the significant time lapse and the uncertainty regarding when the individuals or entities mentioned of the prosecution's complaint will be served and when the trial will commence.
He pointed out that this situation severely prejudices the rights of other accused persons who are already before the Court, as the right to a speedy inquiry/trial is a fundamental right of the accused persons, enshrined under Article 21 of the Constitution of India.
In its plea, the Enforcement Directorate (ED) has stated that summons/warrants issued by the Court against 21 accused persons/entities could not be served despite the Department's best efforts. Additionally, extradition proceedings are ongoing against 5 of these 21 accused persons/entities.
Due to the continued absence of these 21 accused individuals, charges could not be framed against the rest of the accused persons who are appearing before the Court. The Special Public Prosecutor Naveen Kumar Matta appeared for the Enforcement Directorate in the matter.
The AgustaWestland VVIP chopper deal, also known as the Indian helicopter bribery scandal involving the Congress-led UPA Government, refers to a multimillion-dollar corruption case in India. In this case, money was allegedly paid to middlemen and Indian officials in 2006 and 2007 to purchase helicopters for high-level politicians.
Following a significant controversy and allegations of corruption, the Government of India ordered an investigation by the Central Bureau of Investigation (CBI) on February 12, 2013. Subsequently, the Enforcement Directorate (ED) registered a case under the Prevention of Money Laundering Act (PMLA) in 2014.