Delhi High Court Refuses To Stay Summons Of ED To Mehbooba Mufti

 

Petitioner- Mehbooba Mufti

Respondent- The Union Of India

Petitioner’s Advocate – Adv. Nitya Ramakrishan

Bench- HON’BLE Justice Jasmeet Singh Of Delhi High Court And Chief Justice DN Pandey

BRIEF FACTS –  On 19.3. 2021 at about 12:27 p.m., A division bench formed by Chief Justice DN Pandey along with  Justice Jasmeet Singh negated to grant a summon stay by the Enforcement Directorate which was issued to Mehbooba Mufti . Summon stay was refused a grant on former Chief Minister of Jammu and Kashmir, against her case under Section 50 of the Prevention Of Money Laundering Act.

According to the facts her appearance before Enforcement Directorate is kept due till 22^nd of March.

Appearing for Mehbooba Mufti, Adv. Nitya Ramakrishan commended the Court to pass a clear direction which further insisted the agency not to emphasise over Mufti’s presence there. Whereas Solicitor General along with rest members appeared on behalf of the centre and Election Directorate.

·        In the petition, Mufti has challenged the Constitutional Validity as well as Section 50 of Prevention Of Money Laundering Act (PMLA).

·        On behalf of Mufti, Ramakrishan’s remark upon last day for submission was “kind enough” admonishing not to insist her appearance till March 19, Upon this a further remark was made by Tushar Mehta simply stating that “ We were not kind the circumstances were such”.

·        The division bench however stated that it was not going to issue any stay order

 

The main matter of fact lies, Mufti was already issued a summon before on 15^th March. On the very last day of hearing ED insisted before the court that it would not accept any hearing till 19^th March. Therefore Tushar Mehta challenged the issuance upon Mufti’s petition further remarking that a legal note would be filed for reply to Mufti’s petition. Moreover he even stated the constitutional bench had already covered the issue. He even mentioned to just file the required note on the very next day.

 

By hearing the above mentioned verdicts regarding submissions, the court has instructed both the parties to file a compilation judgements to receive legal notice further posted the case for next hearing on April 16. Therefore Mehbooba Mufti received summons from an ED officer on March 5 under Section 50(2) and 50(3) of the PMLA, putting a further assertion upon call for “evidence” in accordance with a case registered.

 

According to the summons, Mufti has to appear before Election Directorate on March 22. Whereas on the earlier month, the agency mentioned the court not to insist on her present before today’s date. She further even claimed that the summons was received on her personal email id from the official email id of the Assistant Director under Section 50(2)and(3) of the PMLA moreover it refers to the annexure which was not sent to Mufti so ultimately she is not aware of the contents.

 

Further Mehbooba Mufti placed an objection that she was not informed that whether she is being summoned as an accused or witness moreover she was deprived of particularly what lies the reason behind summoning her in terms with an offence of PMLA which had further gave rise to proceeding related to issuance of summons. Mufti even challenged the incidental provisions of PMLA 2002 for doing unfair discrimination , brereft of safeguards and even pointed out the violation of Article 20(3) of the constitution  and further even cited various judgements given by Supreme Court Of India.