Delhi High Court Adjourns Mehbooba Mufti's Plea Challenging Vires Of PMLA To August 13

The Delhi High Court has adjourned to August 13 hearing in the plea filed by Former Chief Minister of Jammu and Kashmir, Mehbooba Mufti challenging vires of the Prevention of Money Laundering Act, 2002 (PMLA).

A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh adjourned the matter on the request of Solicitor General of India, Tushar Mehta.

While SGI Tushar Mehta appeared on behalf of the Enforcement Directorate, Senior Advocate Nitya Ramakrishnan appeared on behalf of Mufti in the matter.

Earlier, the Court had refused to grant a stay on summons by the Enforcement Directorate (ED) issued to Mehbooba Mufti on a case against her under S.50 of the Prevention of Money Laundering Act. Her appearance before the ED was thereafter due on March 22.

During the course of hearing on Wednesday, Chief Justice DN Patel asked Ramakrishnan if Mufti appeared before the Enforcement Directorate in compliance of the summons issued against her.

To this, Ramakrishnan apprised the Court that Mufti had duly appeared before the ED as no protection was granted to her by the Court.

Mufti had challenged the vires of Section 50, and incidental provisions of the Prevention of Money Laundering Act, 2002 for being "unfairly discriminatory, bereft of safeguards, and violative of Article 20(3) of the Constitution" and has cited various judgments laid down by the Supreme Court in different cases.

Mufti had also claimed in her petition that she received the summons on her personal email ID from the official email ID of the Assistant Director, Enforcement Directorate on Mar 5 under Sections 50(2) and 50(3) of the PMLA and that it refers to an annexure which "has not been sent to her, and therefore she is not aware of its contents."

She had further objected to the fact that she has not been informed if she is being summoned as an accused or as a witness and further not been informed of what she is being summoned in connection with, and the scheduled offence under the PMLA which gave rise to the proceedings in respect of which the summons has been issued to her.

The matter will now be heard on August 13.