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The extra-ordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India is being sought to be invoked by means of these petitions which have been filed against certain actions by the Enforcement Directorate in exercise of powers under Section 5 of the Prevention of Money Page No.# 6/39 Laundering Act, 2002 (hereafter referred to as the Act).

2. In the first writ petition, WP(C)/3665/2017, there are four numbers of petitioners with the CMJ University and the CMJ Foundation as the petitioner nos. 1 and 2. The challenge in this petition is against a provisional attachment order dated 25.04.2017 issued under Section 5 (1) of the PMLA. In the prayer portion, apart from a prayer for setting aside the aforesaid order dated 25.04.2017, it has also been prayed for quashing the complaint lodged under Section 5 (5) of the Act.

3. In the second writ petition, there are 15 numbers of petitioners which includes the 4 petitioners in the earlier case. The challenge in this petition is with regard to the provisional attachment order dated 30.1.2011 issued under Section 5 (1) of the PMLA relating to ECIR No. 02/GWZO/PMLA/2014 dated 07.07.2014 and also against the original complaint No. OC 1591/2021. In this petition, while the petitioner nos. 1 and 2 are the CMJ University and the CMJ Foundation, the rest of the petitioners are either officers of the petitioner nos. 1 and 2 or are connected to the same.

4. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief. The reference to the petitioner numbers would, however, be in the context of the second writ petition.

5. The petitioner no.1-University came into being through a statute of the State of Meghalaya which was enacted in the year 2009 under the name, "CMJ Page No.# 7/39 University Act, 2009". It is the projected case of the petitioners that the Board of Trustees of the CMJ Foundation vide resolution dated 29.07.2009 had appointed the petitioner no. 3 as the Chancellor and accordingly, the approval of the Visitor who was the Governor of the State was sought for. However, there were certain delay and accordingly, a deemed provision was invoked and it is claimed that on 17.06.2010, the University came to be fully established. It is further projected that the Board of Trustees had two members nominated by the State Government. It is further claimed that the University Grants Commission (UGC) vide communication dated 25.11.2010 had informed that the petitioner no. 1 was a State Private University and was empowered to award degrees under Section 22 of the UGC Act, 1956 through its main campus with the approval of the statutory Council.

A copy of the report as submitted by the UGC Expert Committee along with the observations of the Committee on the information Page No.# 33/39 submitted by CMJ University to UGC is enclosed for your perusal and further necessary action at your end. You are requested to take appropriate action against CMJ University as per the provisions of the University Act or any other law as the Hon'ble Govenor's Secretariat deems fit. You are also requested to take a decision about the validity of degrees already awarded by the CMJ University in the past keeping in view that only those degrees can be termed as valid for which courses were conducted by CMJ University in regular mode at its main campus and that too with the prior approval of Statutory Council(s) concerned, wherever required. Further, Ph.D. can be conducted by any University in regular mode at the main campus and as per the provisions contained in the UGC M.Phil/Ph.D. Regulations, 2009.