Excelsior Correspondent
Srinagar, Oct 12: High Court today stayed the eviction orders issued by the Enforcement Directorate against three persons involved in a fake gun license scam for 45 days by recording that the authorities may proceed under Prevention of Money Laundering Act (PMLA).
The petitioners – Rahul Grover, Zamrud Hussain Shah and Abid Hussain Shah are licensed arms dealers, based in Rajasthan and other parts and have been accused in two cases registered by the then Vigilance Organization Jammu and Vigilance Organization Kashmir, under J&K Prevention of Corruption Act, on the allegations that the authorities had been issuing fake gun licenses to applicants in lieu of illegal considerations.
The Rajasthan Police had also registered a case against them under various sections of IPC and Arms Act with regard to certain alleged irregularities in issuance of arms license in Districts Jammu, Kathua and Kupwara. The two FIRs registered by VOJ and VOK were transferred to CBI under the Delhi Special Police Establishment Act, in pursuance of notification dated 05.10.2018.
The Enforcement Directorate, also registered a case bearing ECIR/JMSZO/04/2020, for offence under Prevention of Money Laundering Act and during investigation by ED, provisional attachment orders were passed, with regard to movable/immovable properties of the all the three persons including bank accounts, and residential accommodations.
Justice Rahul Bharti disposed of all the three petitions filed separately by these three persons and directed the Director Enforcement Directorate not to give effect to these eviction orders until expiry of 45 days of filing of appeals against the confirmation orders of ED in case the petitioners invoke the appellate remedy against the confirmation orders of attachment of their properties.
Justice Bharti has made it clear that nothing observed in the instant orders shall be taken as touching or reflecting on the merits of the case of either parties in the course of statutory course of proceedings under the Prevention of Money Laundering Act, 2002.
Justice Bharti after bare reading of these impugned orders said, the fact remains that the appellate remedy available to the petitioners cannot be rendered as an empty and mock remedy at the disposal of the petitioners and in the meanwhile they are left dispossessed. “An order of confirmation of attachment on being assailed in an appeal under section 26 of the Prevention of Money Laundering Act, 2002 can be set aside also which will then nullify the very original order of attachment set into effect under section 5 of the Prevention of Money Laundering Act, 2002”, Justice Bharti said.
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