Setback for Rana Ayyub as SC dismisses plea against summons
What's the story
In a major setback for journalist Rana Ayyub, the Supreme Court on Tuesday dismissed her petition challenging a summons issued by a Ghaziabad special court in a money laundering case, PTI reported.
The court, however, allowed Ayyub to bring the jurisdiction issue before the trial court.
Notably, on January 31, the court reserved its judgment on her plea.
Context
Why does this story matter?
Ayyub is a well-known journalist who has consistently criticized the ruling Bharatiya Janata Party (BJP).
The central government has been accused several times of using agencies like the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to scare and silence its critics.
However, Prime Minister Narendra Modi clarified, saying that the government does not interfere in the working of probe agencies.
Details
Ayyub asked to approach trial court with jurisdiction plea
While dismissing Ayyub's plea, a division bench of Justices V Ramasubramanian and JB Pardiwala directed her to file a petition with the trial court challenging the case's jurisdiction.
Earlier, her counsel Senior Advocate Vrinda Grover claimed that the Uttar Pradesh court had "absolutely no jurisdiction" in the matter.
"She is being dragged to a state where her safety would be in jeopardy," she said.
Proceedings
Supreme Court had directed hearing postponement after Ayyub's writ petition
Ayyub had sought a stay of proceedings launched by the Enforcement Directorate (ED) in Ghaziabad, arguing a lack of jurisdiction because the accused offense of money laundering happened in Mumbai.
The Supreme Court then instructed a special court in Ghaziabad on January 25 to postpone the hearing in the case scheduled for January 27 to a day after January 31.
Allegations
What are the charges against Ayyub?
The Prevention of Money Laundering Act (PMLA) court in Ghaziabad summoned Ayyub on November 29, 2022, after taking cognizance of the prosecution complaint (charge sheet) submitted by the ED under Section 45 read with Section 44 of the act in October.
Notably, the ED accused her of defrauding the public and misusing the Rs. 2.69 crore she received in charity to create personal assets.
ED
Ayyub diverted funds meant for COVID-19 relief: ED
The ED also alleged that the money was not used entirely for the COVID-19 relief for which it was raised.
Ayyub reportedly stashed some cash in a second bank account, according to the probe.
In February 2022, the ED also provisionally attached bank deposits worth Rs. 1.77 crore belonging to Ayyub in connection with the PMLA case.
Complaint
Action was initiated after complaint by Hindu IT Cell founder
The FIR was registered against Ayyub at Ghaziabad's Indirapuram police station in response to a complaint filed by Vikas Sankrityayan, the founder of the Hindu IT Cell NGO.
The charges were filed under Section 4 of the Black Money Act, I-T Act, and sections of the Indian Penal Code (IPC) for illegally soliciting donations from the public for charitable causes, per Live Law.
Campaigns
Ayyub originally collected funds for COVID-19 victims
According to the complaint, in August 2021, law enforcement officials informed Ketto that the funds obtained from Ayyub's campaigns were not used for the purpose for which they were raised and (partially) remained in the accounts of different campaigns.
Ayyub had launched three fund-raising campaigns: for slum residents and farmers, for relief efforts in Assam, Bihar, and Maharashtra, and for COVID-19 victims.