Will prefer transfer of Mehbooba Mufti's challenge to constitutional validity of provision PMLA in SC: Centre to HC
Sep 14, 2021
New Delhi [India], August 14 : The Centre on Tuesday informed the Delhi High Court that it will prefer to transfer the petition of former chief minister of Jammu and Kashmir Mehbooba Mufti's challenging the vires of Prevention of Money Laundering Act (PMLA) in the Supreme Court.
Centre through Solicitor General Tushar Mehta submitted that a similar matter is pending before the Supreme Court and it seeks to file a transfer application.
Noting down the submission of Centre, the Bench of Justice DN Patel and Justice Jyoti Singh adjourned the hearing for September 30.
The Delhi High Court had earlier fixed September 14 to hear the final argument on the plea filed by former Jammu and Kashmir Chief Minister Mehbooba Mufti challenging the vires of the Prevention of Money Laundering Act (PMLA).
Earlier, the Delhi High Court had refused to grant a stay on Enforcement Directorate (ED) notice against Mehbooba Mufti. Solicitor General Tushar Mehta appeared for ED and the Central government had submitted that Mehbooba Mufti has to appear before the agencies.
Along with the notice issued to her, Mufti had also challenged constitutional vires of Section 50, and any incidental provisions of the Prevention of Money Laundering Act, 2002.
Mehbooba Mufti after receiving the notice had tweeted, "GOIs tactics to intimidate and browbeat political opponents to make them toe their line has become tediously predictable. They don't want us to raise questions about its punitive actions and policies. Such short-sighted scheming won't work".
Section 50 of the PMLA empowers the 'authority' i.e., officers of the Enforcement Directorate, to summon any person to give evidence or produce records. All persons summoned are bound to answer questions put to them, and to produce the documents as required by the ED officers, failing which they can be penalised under the PMLA.
The Petitioner is Mehbooba Mufti, former Chief Minister of Jammu and Kashmir, and President of the Jammu and Kashmir People's Democratic Party (PDP).
