Cong moves EC against BJP chief for ‘concealing’ assets

Tribune News Service

New Delhi, August 13

The Congress on Monday petitioned the Election Commission, demanding criminal action against BJP president Amit Shah who, the party alleged, had concealed his liabilities in the Rajya Sabha election affidavit of 2017, in violation of the law. The EC said it would look into the matter.

A high-level Congress delegation comprising Kapil Sibal, Jairam Ramesh, Abhishek Singhvi and Vivek Tankha represented the Chief Election Commissioner on the matter. They alleged Shah had concealed liabilities in respect of two properties in Ahmedabad that he had mortgaged with the Cooperative Bank of Gujarat for his son Jay Shah’s company Kusum Finservice that had got a loan of Rs 25 crore against the mortgage.

“The mortgaged property is Shah’s liability and the question is merely that of disclosure. He must be criminally prosecuted. The EC should file a complaint because it’s about violation of its own rules,” Sibal said. The Congress also urged Rajya Sabha Chairman M Venkaiah Naidu to follow rules which require suspension and disqualification of MPs who resort to incomplete disclosures in poll affidavits.

Ramesh had on Saturday alleged dubious transactions involving Jay Shah’s new firm, asking how the  company worth Rs 6 crore had got loans worth Rs 95 crore from Gujarat banks.

GROUNDS: WILFUL NON-DISCLOSURE 

• Section 75-A of the Representation of People’s Act, 1951, requires MPs to file affidavits declaring criminal records, assets and liabilities & educational qualifications
• Members of the Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004, mandate disclosure of liabilities by MPs to any public financial institution
• Wilful non-disclosure by MP in his affidavit constitutes the offence of “filing of false affidavit” under Sec 125-A of the RPA Act, punishable by up to 6 months’ jail or fine, or both