Let Aditya Talwar appear before authorities and satisfy them in PMLA case: HC

The Delhi High Court on Monday said that Aditya Talwar, son of lobbyist Deepak Talwar and accused in a money laundering case, ought to appear before authorities and satisfy them, after the Enforcement Directorate (ED) claimed that he was a "fugitive".

The ED made the claim before a bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi while opposing the plea by Wave Hospitality Ltd which has challenged a notice issued to it by the agency asking the company why the provisional attachment of its hotel in Aerocity area here should not be confirmed.

The ED had in March provisionally attached the Holiday Inn, worth over Rs 120 crore, in connection with a money laundering case against Talwars.

The show cause notice was issued by the adjudicating authority after ED moved a plea before it seeking confirmation of the provisional attachment.

Solicitor General (SG) Tushar Mehta told the court that Aditya Talwar is connected with Wave Hospitality and since he is a "fugitive" from law, the company's petition be not entertained.

"The company is of Aditya Talwar. As on date he is a fugitive. He holds several passports," the SG said.

Taking note of the SG's objections, the bench said to the company's lawyer, "Let him appear before the authorities and satisfy them".

However, the company contended that Talwar was neither one of its directors nor a shareholder.

It also contended that before provisionally attaching its hotel -- Holiday Inn -- at Aerocity, the ED did not give any "reasons to believe" for taking the action as was required under the Prevention of Money Laundering Act (PMLA).

The company, in its plea, has contended that none of its promoters or directors are an accused in the money laundering case and the hotel has not been built out of proceeds of crime.

Apart from challenging the show cause notice, the company has sought quashing of the provisional attachment order as well as all the proceedings initiated thereafter against it under the PMLA.

It has also sought quashing of the PMLA provisions related to attachment of property involved in money laundering.

Deepak Talwar was arrested and is in custody from January 30 after being brought to India from Dubai in a money laundering case.

The ED had earlier filed a charge sheet in a trial court against him claiming that he allegedly acted as a middleman in negotiations to favour foreign private airlines, causing loss to national carrier Air India.

His son Aditya Talwar was also chargesheeted in the same case by the ED.

The agency had told the trial court that it needed to interrogate Deepak Talwar to get the names of officials of the Ministry of Civil Aviation, National Aviation Company of India Ltd and Air India, who favoured foreign airlines, including the Qatar Airways, Emirates and Air Arabia.

It had claimed that entities directly or indirectly controlled by the accused received exorbitant amounts from the Qatar Airways, Emirates and Air Arabia and submitted a chart of total USD 60.54 million received by firms directly or indirectly owned by Talwar between April 23, 2008 and February 6, 2009.

His role in some aviation deals during the previous Congress-led UPA regime is also under the scanner.