DMK MP Moves Madras High Court Seeking ED Action Against BJP's Nainar Nagendran In 'Cash For Vote' Case

It may be noted that on April 7, an amount of Rs. 3.99 crore was seized from three train passengers at the Tambaram Railway Station and these persons were found to be close associates of Nainar Nagendran. Girirajan argued that the three accused persons had admitted that they were carrying the money to distribute among voters on behalf of Nagendran for the 2024 Lok Sabha Elections.

Girirajan pointed out that the case had been transferred to the CBCID and an FIR had been registered in connection with the offence under Sections 171(C), 171(E), 171(F), 120(b), and 109 read with Section 511 and 188 of the IPC.

Girirajan argued that the offences alleged constitute scheduled offences under the Prevention of Money Laundering Act and despite the existence of clear materials indicating the generation and use of proceeds of crime, the ED had failed to register ECIR and initiate proceedings under the PMLA.

Girirajan has argued that such inaction on the part of the ED, is arbitrary, illegal and contrary to the settled position of law. He had stated that ED's inaction is influenced by extraneous considerations, including political factors, thus, defeating the very object of the Act.

It has been stated that as per the settled legal position, once it is found that a scheduled offence is committed, it is the duty of the ED to register an ECIR and initiate proceedings under the Prevention of Money Laundering Act. Girirajan has argued that the ED's inaction, despite availability of materials would amount to dereliction of duty and violation of Article 21 of the Constitution.

Thus, he has approached the court seeking directions to the ED to register a case against Nagendran and Vinayagam.