PMLA court dismisses charges against Nalini Chidambaram
Kolkata: A PMLA court in Kolkata on Thursday dismissed a money laundering complaint against senior advocate Nalini Chidambaram. The Enforcement Directorate (ED) had alleged that Chidambaram accepted money from Sudipto Sen, an accused in the Saradha Group chit fund scam.
The ED had filed a supplementary complaint against Nalini Chidambaram, who is the wife of senior Congress MP P Chidambaram. The complaint alleged that she received Rs 1.349 crore between June 11, 2010, and June 17, 2012, from Sen through his companies. It was submitted that no bill or invoice was raised by her for this payment. Sen had paid the amount via 10 cheques of Rs 10 lakh each, after deducting TDS of Rs 10 lakh.
In his judgement, the judge observed that in a collective investment scheme or ponzi scam involving approximately Rs 2,000 crore, an amount of Rs 1.349 crore is so “minuscule” that it cannot be said to have a nexus with the activity of concealing or disguising the illicit source of income.
Regarding the acquisition or possession of proceeds of crime under the PMLA, the judge noted: “It is not uncommon for lawyers to receive fees from such tainted persons, as clients approach lawyers when facing serious legal issues.”
The ED had also submitted that Chidambaram hired another consultant to review the activities of the Saradha Group. The consultant, during interrogation, claimed he was reprimanded by her for writing “As advised by madam” in his emails to Sen. Therefore, the special prosecutor contended that the consultant carried out all correspondence with Saradha and Sudipto Sen only under her directions.
The judge remarked that lawyers frequently refer clients to other professionals for further assistance and that it is normal for a client to cover such expenses. On the contention that she met Sen and other Saradha officials in a renowned Kolkata Hotel, with expenses, including flight fares, paid by Sen, the judge found nothing improper. The judgement concluded that there was no prima facie case for the offence under Section 3, punishable under Section 4 of the PMLA Act, 2002, against Nalini Chidambaram.
