Gauhati High Court
Page No.# 1/5 vs The Union Of India And 3 Ors on 25 April, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010073102022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2723/2022
CMJ UNIVERSITY AND 14 ORS.
SHILLONG MEGHALAYA, REP. BY CHANCELLOR OF CMJ UNIVERSITY
SWASTI NIWAS CRINOLINE FALLS BARIK, SHILLONG MEGHALAYA
2: CMJ FOUNDATION
REP. BY ITS SECRETARY SRI GOVINDA JHA SWASTI NIWAS CRINOLINE
FALLS BARIK
SHILLONG MEGHALAYA
3: CHANDRA MOHAN JHA
S/O HARI DEV JHA
CHANCELLOR OF CMJ UNIVERSITY SWASTI NIWAS CRINOLINE FALLS
BARIK
SHILLONG MEGHALAYA- 793004
4: INDU RANI JHA
W/O CHANDRA MOHAN JHA
TRUSTEE MEMBER OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE
FALLS BARIK
SHILLONG MEGHALAYA
5: GOVIND JHA
S/O CHANDRA MOHAN JHA
SEC. OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE FALLS BARIK
SHILLONG MEGHALAYA
6: GOPAL JHA
S/O CHANDRA MOHAN JHA
TREASURER OF CMJ FOUNDATION SWASTI NIWAS CRINOLINE FALLS
BARIK
SHILLONG MEGHALAYA
7: THE CHANCELLOR
CMJ UNIVERSITY
MODERINA MANSION LAITUMKHRAH
SHILLONG
MEGHALAYA
793003
8: THE MANAGING TRUSTEE
CMJ FOUNDATION MODERINA MANSION LAITUMKHRAH
SHILLONG
Page No.# 2/5
MEGHALAYA
793003
9: ADITYA JHA (MINOR)
THROUGH HIS FATHER GOPAL JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
10: AKSHAY JHA (MINOR)
THROUGH HIS FATHER GOPAL JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
11: AYSHMAN JHA (MINOR)
THROUGH HIS FATHER GOVINDA JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
12: ADITI JHA (MINOR)
THROUGH HIS FATHER GOVIND JHA SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
13: THE PRINCIPAL OFFICER
NORTH EASTERN INDIA TRUST
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
14: THE PRINCIPAL OFFICER
NORTH EASTERN INDIA TRUST
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAYA
15: THE DIRECTOR
SHILLONG ENGINEERING AND MANAGEMENT COLLEGE
THROUGH CHANDRA MOHAN JHA
SWASTI NIWAS
CRINOLINE FALLS
BARIK SHILLONG
MEGHALAY
VERSUS
THE UNION OF INDIA AND 3 ORS.
Page No.# 3/5
REP. BY THE SECRETARY, MINISTRY OF FINANCE DEPTT. OF REVENUE
NORTH BLOCK NEW DELHI-110001
2:THE ENFORCEMENT DIRECTORATE
GOVE. OF INDIA
6TH FLOOF
LOKNAYAK BHAWAN
KHAN MARKET
NEW DELHI-110003
3:THE DEPUTY DIRECTOR
ENFORCEMENT DIRECTOR GOVT. OF INDIA
SHILLONG
SUB ZONAL OFFICE ABRI BUILDING LANGKYRDING
MAWPAT
SHILLONG-793012
4:THE ADJUDICATING AUTHORITY
UNDER THE PREVENTION OF MONEY
LAUNDERING ACT
2002
NEW DELH
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
25-04-2022 Heard Mr. A P Singh, learned counsel for the petitioners and Mr. R K Dev Choudhury, learned Assistant Solicitor General of India for the respondent Nos. 1 to 4.
In the present case the petitioners have challenged amongst others, the Provisional Attachment order (PAO) NO. 1/2021 dated 30.11.2021 issued by the Deputy Director under Section 5(1) of the under the Prevention of Money Laundering Act, 2002 relating to ECIR No. 02/GWZO/PMLA/2014 dated 07.07.2014 and also prayed to quash the fresh Original Complaint being O.C No. 1591/2021 lodged by the Deputy Director of Enforcement Directorate under Section 5(5) of the PML Act, 2002 submitted before the adjudicating authority under PMLA, New Delhi and further prayed for stay of the proceeding of the said O.C. No. 1591/2021.
Page No.# 4/5 The respondent authorities under the said PML Act, 2002 earlier on 25.04.2017 issued Attachment Orders against the petitioners being (i) F.No. ECIR/02/GWZO/PMLA/2014/87, (ii) F.No.ECIR/02/GWZO/PMLA/2014/89 and (iii) F.No.ECIR/02/GWZO/PMLA/2014/90. Against those Attachment Orders Petitioners preferred WP(C) No. 3665/2017, which is presently pending for adjudication.
During the deliberation of the matter, Mr. R K Dev Choudhury, learned Assistant S.G.I. placed before the Court that the petitioners on 04.12.2021 filed an Interlocutory Application in WP(C) No. 3665/2017 being I.A. (C) No. 1398/2020 whereby the petitioners have brought to the notice of the Court about the said Provisional Attachment Order relating to ECIR No. 02/GWZO/PMLA/2014 dated 07.07.2014.
But it is seen that in the present writ petition the petitioners are totally silent in that regard about the filing of said I.A. (C) No. 1398/2021 in said WP(C) No. 3665/2017.
On being enquired, Mr. Singh, learned counsel for the petitioners submitted that the petitioners of said I.A. (C) No. 1398/2021 and the present petitioners of this writ petition are different. However, from the Annexure-43 to this writ petition that relates to the order dated 22.06.2017 passed in WP(C) No. 3665/2017, it is seen that the present petitioners Nos. 2, 4 and 6 are the petitioners of said WP(C) No. 3665/2017, who are also the petitioners of said I.A. (C) No. 1398/2021 filed in WP(C) No. 3665/2017.
Petitioners submitted that since the respondent ED authorities in its counter to the reply filed by the Chancellor of the CMJ University in response to the Original Complaint No. 1591/2021 in one of the paragraphs stated that - ".................. Neither in the law nor in the legislative intent of the PMLA is the Complainant stopped from issuing multiple Provisional Attachment Orders till the entire Proceeds of Crimes are attached and that for each of these Provisional Attachment there will be separate Section 8 proceedings, there cannot be a single Section 8 proceeding for all the attachments done by the ED in a single ECIR case such that a stay on the Section 8 proceedings would stop further attachments of the Proceeds of the crime clarifying that for a single ECIR money, a number of Provisional Attachment Orders can be issued and equal number of original complaints can be constituted ", therefore the petitioners have been compelled to file this writ petition challenging the said Attachment Page No.# 5/5 Order dated 07.07.2014 as well as the O.C No. 1591/2021 dated 23.12.2021.
Issue notice, returnable by 4 weeks.
As Mr. R K Dev Choudhury, learned Assistant Solicitor General of India has accepted notices on behalf of the respondent Nos. 1 to 4, no formal notice need to be issued to those respondents.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto, to Mr. R K Dev Choudhury, learned Assistant Solicitor General of India by tomorrow i.e. 26.04.2022, obtaining necessary acknowledgments from him in that regard, if not served earlier.
With regard to stay of the proceeding of the O.C. No. 1591/2021, issue notice, returnable by 4 weeks.
In the meanwhile, the respondents shall file their affidavit(s) in the matter.
It is made clear that any such Attachment Order issued by the respondent ED authorities in any such proceeding initiated by it under the provisions of the Prevention of Money Laundering Act, 2002, pending against the petitioners, shall be subject to outcome of this writ petition.
List accordingly.
JUDGE Comparing Assistant