[MR Ajayan vs. UOI]Kerala HC Petition Seeks ED Probe into Alleged Hawala Transactions by UNA President During Pandemic

The Kerala High Court will examine a petition seeking an ED probe into financial transactions involving Jasmin Sha during COVID-19. Justice Bechu Kurian Thomas highlighted the seriousness, setting the next hearing for June 13.

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[MR Ajayan v. UOI]Kerala HC Petition Seeks ED Probe into Alleged Hawala Transactions by UNA President During Pandemic

Thiruvananthapuram: Recently, The Kerala High Court is set to examine a petition demanding an Enforcement Directorate (ED) investigation into suspected illicit financial transactions involving Jasmin Sha, President of the United Nurses Association (UNA), during the COVID-19 crisis.

According to Justice Bechu Kurian Thomas, who presided over the proceedings on Thursday (May 23), the petition raises significant concerns warranting attention. The court directed the Public Prosecutor to gather instructions on the matter and scheduled the next hearing for June 13, underscoring the gravity of the allegations.

The petition, filed by MR Ajayan, a respected freelance journalist, asserts that substantial amounts of money were purportedly collected by Jasmin Sha under the pretext of facilitating the return of stranded nurses from Middle Eastern countries to India amid the pandemic. However, Ajayan contends that these funds were not utilized for their intended purpose, raising suspicions of financial impropriety.

In the petition submitted to the court, Ajayan highlighted-

“During the COVID period, Jasmin Sha, the President of the United Nursing Association and the 5th Respondent in this case, was allegedly involved in significant hawala transactions. Under the pretext of repatriating stranded nurses from Middle Eastern countries and Saudi Arabia back to India, he purportedly amassed crores of rupees. It is alleged that this substantial sum was collected for transporting the stranded nurses via Spice Jet. However, despite the large sums gathered, there is suspicion that these funds were not utilized for their intended purpose.”

This statement underscores the gravity of the allegations, suggesting a significant misappropriation of funds intended for pandemic relief efforts. The reference to hawala transactions, a form of illegal financial activity, adds another layer of complexity to the situation, indicating potential criminal implications.

Amid these allegations, the United Nursing Association (UNA), tasked with safeguarding nurses’ interests, comes under intense scrutiny. With the pandemic straining healthcare systems globally, the pivotal role of such organizations in safeguarding frontline workers’ welfare became ever more critical. Nevertheless, should these accusations prove accurate, the alleged misdirection of funds designated to aid stranded healthcare workers signifies a breach of trust and a departure from ethical norms.

The involvement of the Enforcement Directorate underscores the seriousness with which authorities are approaching these allegations. The ED, tasked with enforcing economic laws and combating financial crimes, holds the mandate to conduct thorough investigations and pursue legal action if wrongdoing is uncovered.

Furthermore, the timing of these alleged irregularities raises additional concerns. The COVID-19 pandemic exacerbated existing vulnerabilities within healthcare systems, making it imperative for funds allocated for relief efforts to be utilized judiciously and transparently. Any diversion of resources meant for pandemic response efforts not only undermines the effectiveness of such initiatives but also erodes public trust in institutions tasked with their implementation.

Ajayan has filed a plea alleging close ties between Jasmin Sha, President of the UNA, and MK Kannan, a member of the Communist Party of India (Marxist) State Committee. This revelation comes amidst an ongoing investigation by the Enforcement Directorate (ED) into the Karuvannur Service Co-operative Bank Scam, where Kannan finds himself under scrutiny.

“Jasmin Sha maintains close ties with MK Kannan.”

– Ajayan asserted in his plea, underlining concerns over potential financial improprieties.

The petition further alleges involvement in fraudulent activities, including the misappropriation of funds amounting to crores of rupees. Ajayan emphasized that a criminal case had been registered against Sha, encompassing charges of criminal conspiracy, breach of trust, cheating, and forgery, among others, with legal proceedings underway in Thrissur district.

Despite Ajayan’s requests for ED intervention, no action has been taken, raising questions about the efficacy of the investigative process.

“Despite requesting an investigation by the ED,”

-Ajayan lamented, highlighting the perceived inaction on the part of the authorities.

In response to these allegations, Ajayan has taken his case to the High Court, seeking a directive to the ED to initiate an Enforcement Case Information Report (ECIR) and conduct a thorough inquiry into the alleged hawala transactions and fund misuses.

The hawala system, known for its clandestine nature, involves the transfer of funds through informal and illegal channels, making it a focal point of scrutiny in financial investigations.

The plea, presented by a legal team consisting of BA Aloor, Prashanth KP, Haseeb Hussan M, Krishna Sankar D, Rebin Vincent Gralan, and Asokan KV, highlights the seriousness of the matter and the urgent necessity for a thorough investigation into the accusations. This underscores a mounting apprehension regarding the integrity of financial frameworks and the responsibility of individuals handling public funds.

CASE TITLE:

MR Ajayan v. Union of India

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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