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| High Court restrains further action against petitioners | | Attachment of immovable properties of retired Govt officials | | Early Times Report
JAMMU, Sept 13: The High Court of Jammu, Kashmir and Ladakh has restrained further action in a case related to attachment of properties of retired government officers and others.
In a petition filed by Suresh Rekhi, the then Dy.GM of M/s Jammu and Kashmir Project Construction Corporation Limited ( M/s JKPCC Limited) and his wife seeking quashment of order of Enforcement Directorate, Justice Sanjay Dhar after hearing Advocate Ayushman Kotwal for the petitioners, directed that till next date of hearing, no further action shall be taken by the respondents against the petitioners on the basis of the impugned order dated 25/08/2022.
It is worthwhile to mention here that Enforcement Directorate Jammu acted on FIR No. 12/2013 registered by Anti-Corruption Bureau Jammu on 05.08.2013 against one Suresh Rekhi u/s 5(1)(c) r/w 5(2) J&K PC Act Samvat 2006 with the allegation that Rekhi by indulging in corrupt and illegal practices has accumulated huge wealth which was disproportionate to his legal source of income.
Acting on the ACB chargesheet, Enforcement Directorate Jammu had registered a case against Suresh Kumar Rekhi and Kumud Rekhi under Prevention of Money Laundering Act 2002.
The Enforcement Directorate during PMLA investigation has identified disproportionate assets acquired by accused persons which are taken as proceeds of crime under PMLA Investigation. That during PMLA investigation proceeds of Crime to the tune of Rs. 2,60,78,550/- was provisionally attached vide PAO No. 01/2022 on 31.01.2022 in terms of section 2(1)(u) of the PMLA and are found involved in offence of money laundering.
Adjudicating Authority PMLA New Delhi has confirmed the PAO No. 01/2022 issued on 31.01.2022 by pronouncing order of confirmation on 25.08.2022.
During the course of hearing Advocate Ayushman Kotwal submitted that the impugned order dated 25/08/2022 has been passed by the Adjudicating Authority after the expiry of 180 days from the date of passing of Provisional Attachment Order i.e. 31.01.2022. The learned counsel has submitted that as per Section 5(3) of the PMLA, the Provisional Attachment Order passed under Sub-Section (1) ceases to have effect after the expiry of 180 days and in this case, the Adjudicating Authority has taken the shield behind the order passed by the Supreme Court in the case of "In Re: Cognizance For Extension of Limitation; Suo Motu Writ Petition (C) No. 3 of 2020." Learned counsel for the petitioners has submitted that the reliance placed by the Adjudicating Authority on the aforesaid order of the Supreme Court is misplaced because the extension of the period of limitation has been granted in terms of the aforesaid order only in respect of institution of proceedings and not in respect of termination of the proceedings.
—JNF |
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