Politics · India · 1 hr ago
Delhi High Court declines to block AJL from seeking release of attached properties
The Delhi High Court has declined to stop Associated Journals Limited (AJL) from asking a tribunal to release properties attached in the National Herald case.
The properties include Herald House in Delhi, which was attached by the Enforcement Directorate (ED).
The ED had asked the High Court to maintain the current position while the tribunal considers AJL’s request.
The dispute is part of the ED’s appeal against a trial court decision not to take up its charge sheet.
That court said the ED’s case relied on a private complaint rather than an offence registered by a law enforcement agency.
Sonia Gandhi and Rahul Gandhi oppose the ED’s appeal, arguing that a private complaint cannot form the basis for proceedings under money-laundering law.
The High Court has not decided the appeal, and it set November 2 as the next hearing date.
The Delhi High Court declined to restrain Associated Journals Limited from seeking the release of properties attached by the Enforcement Directorate.
The properties include Herald House at ITO in Delhi.
The court was hearing the ED’s challenge to a trial court order refusing to take cognisance of its charge sheet in the National Herald case.
The ED had asked the High Court to order a status quo before the PMLA Appellate Tribunal.
Justice Sachin Datta set November 2 as the next hearing date.
- Who
- The Delhi High Court, the Enforcement Directorate and Associated Journals Limited are involved. Sonia Gandhi and Rahul Gandhi have opposed the ED’s petition.
- What
- The court declined to stop AJL from seeking release of attached properties before the PMLA Appellate Tribunal.
- When
- The court acted on Monday and set November 2 as the next hearing date.
- Where
- The Delhi High Court; the properties include Herald House at ITO in Delhi.
- Why
- The ED sought a status quo while challenging a trial court order that refused to take cognisance of its charge sheet.
Enforcement Directorate
Sonia Gandhi and Rahul Gandhi
Basis for PMLA proceedings
Enforcement Directorate
The ED argued that a competent court’s cognisance of a private complaint constituting the scheduled offence can support its case.
Sonia Gandhi and Rahul Gandhi
They argued that a private complaint cannot be the foundation for an ECIR, investigation or prosecution under the PMLA.
Release of attached properties
Enforcement Directorate
The ED urged the High Court to order a status quo before the tribunal while its challenge was pending.
Sonia Gandhi and Rahul Gandhi
They opposed the ED’s petition against the trial court order; AJL was seeking release of the properties before the tribunal.
Subramanian Swamy filed a complaint, according to the leaders’ affidavit.
The ED registered an ECIR, nearly seven years after Swamy’s complaint.
The trial court refused to take cognisance of the ED’s charge sheet.
Sonia Gandhi and Rahul Gandhi filed their reply opposing the ED’s petition.
The High Court declined to restrain AJL from seeking release of the attached properties and set November 2 as the next hearing date.
- Properties
- Include Herald House at ITO, attached by the ED
- Next hearing
- November 2
- Trial court order
- December 16
- ECIR registration
- June 30, 2021
- Leaders’ reply
- Filed September 18
What people are saying
I am not passing any order
Sources
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