Centre Seeks Transfer Of Mehbooba Mufti’s Plea In Money Laundering Case


Mehbooba Mufti also contested the issuance of a summons to her by the ED (File)

New Delhi:

The Center informed the Delhi High Court on Wednesday that it had filed an appeal with the Supreme Court requesting the transfer of the petition of PDP chief Mehbooba Mufti, who challenges the constitutional validity of a provision in the law on prevention money laundering (PMLA).

The lawyer representing the Center told a bench of Chief Justice DN Patel and Justice Jyoti Singh that the transfer request is expected to be heard in the Supreme Court within a week, on October 29.

The High Court registered the case for a new hearing on December 23.

The Center had previously told the court that several applications regarding various provisions and the PMLA regime were pending before the Supreme Court and that the case had been assigned to a special bench and that the parties had exchanged certain issues, one of which was is directly involved here.

The Center had said it intended to file a transfer request so that the issues could be worked out together.

He had said that the questions referred to the Supreme Court included questions regarding the initiation of an investigation under the PMLA.

Former J&K Chief Minister Mufti, in his plea filed in March, sought to declare Section 50 of the PMLA void and inoperative, being unfairly discriminatory, devoid of safeguards and in violation of Section 20 (3) of the Constitution.

Section 50 of the Act empowers the authority, that is, ED officers, to subpoena any person to testify or produce records. Any person summoned is required to answer the questions put to him and to produce the documents required by the agents of the ED, failing which he may be penalized by virtue of the law.

She also challenged the issuance of a summons to her by the ED in a money laundering case and requested a stay which was denied by the court earlier.

The 61-year-old leader, who was released last year after more than a year in detention following the removal of the special status of Jammu and Kashmir, has been ordered to appear at the ED headquarters in the capital national.

Initially, the ED had summoned Ms Mufti for March 15, but she did not insist that she show up in person at that time. Subsequently, she was summoned for March 22.

Ms Mufti, in her petition, said she received a summons from the ED under the provisions of the PMLA, claiming to ask for “evidence” on pain of sanction, when she is, for all intents and purposes, an object of the PMLA. ‘investigation. .

“She was not informed whether she was called as an accused or as a witness. which the disputed summons was issued to him. The petitioner is not being investigated and is not charged with any of the offenses foreseen to her knowledge ”, states the plea.

He claimed that since Ms. Mufti was released from preventive detention following the formal repeal of Article 370 of the Constitution, there have been a series of hostile acts by the state against her. , acquaintances and old family friends, all of whom were summoned by the ED and a traveling investigation into his personal, political and financial affairs was conducted, during which their personal devices were seized.

Earlier, Solicitor General Tushar Mehta and Lawyer Amit Mahajan, representing the ED, said there was no need to issue a formal notice to them as they are already appearing in court and said they would testify a brief note on the question of law.

(Except for the title, this story was not edited by DAILYNEWSCATCH staff and is posted from a syndicated feed.)


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