Will seek transfer of Mehbooba's PMLA case plea to SC: Centre to Delhi HC

Box:

Validity challenged

– Mufti has sought to declare Section 50 of the PMLA as void and inoperative, “being unfairly discriminatory, bereft of safeguards and violative of Article 20(3) of the Constitution”.

– All persons summoned are bound to answer the questions put to them and to produce the documents as required by the ED officers, failing which they can be penalised.

New Delhi, September 14

The Centre on Tuesday told the Delhi High Court that it would seek the transfer of Mehbooba Mufti’s challenge to the Constitutional validity of a provision of the Prevention of Money Laundering Act (PMLA) to the Supreme Court.

In view of the Centre’s stand, a bench of Chief Justice DN Patel and Justice Jyoti Singh adjourned the hearing on the J&K ex-CM’s petition till September 30. “Several petitions concerning various provisions and scheme of PMLA are pending. The matter has been assigned to a special bench and parties have exchanged questions, one of which is directly in question here,” said Solicitor General Tushar Mehta, appearing on behalf of the Centre.

Additional Solicitor General SV Raju said the questions before the SC included issues concerning the commencement of investigation under the PMLA.

Senior counsel Nitya Ramakrishnan, representing Mufti, said that the matter was “ripe for hearing” before the high court.

“I’m happy if we can move (Supreme Court) together”, she added.

On September 9, the court had listed Mufti’s plea for final disposal on September 14. Mufti, in her plea filed in March, has sought to declare Section 50 of the PMLA as void and inoperative, “being unfairly discriminatory, bereft of safeguards and violative of Article 20(3) of the Constitution”. Section 50 of the Act empowers the authority, that is, officers of ED, to summon any person to give evidence or produce records. All persons summoned are bound to answer the questions put to them and to produce the documents as required by the ED officers, failing which they can be penalised. — PTI