Plea challenges various provisions of PMLA: HC seeks Centre, ED stand

Jain, represented by advocate Vijay Aggarwal, has also sought directions to the Centre to frame guidelines with regard to attachment, search, seizures and valuation of property by the Enforcement Directorate, "in order to ensure fair and transparent functioning" of the agency.

The Delhi High Court on Monday sought response of the Centre and Enforcement Directorate (ED) on a plea challenging various provisions of the Prevention of Money Laundering Act (PMLA) of 2002. A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the central government and ED seeking their stand, by November 12, on the petition by a doctor.

The plea, by Dr Kapil Jain, also seeks setting aside the provisional attachment order of March 17 issued against him under the PMLA. The money laundering case against the petitioner relates to the alleged commission of fraud to the tune of Rs 2,300 crore by Surya Vvinayak Industries Ltd. and its directors, one of whom is Jain.

Initially a case was registered by CBI on the complaint by the Assistant General Manager of Punjab National Bank's Barakhamba Road branch here in 2013. Thereafter, in February 2015, the ED registered an ECIR against the suspected/accused persons, including the petitioner, for commission of offences of criminal conspiracy and cheating under the Indian Penal Code which are scheduled offences under the PMLA.

Subsequently, provisional attachment orders were issued by the agency against the petitioner. Jain, represented by advocate Vijay Aggarwal, has also sought directions to the Centre to frame guidelines with regard to attachment, search, seizures and valuation of property by the Enforcement Directorate, "in order to ensure fair and transparent functioning" of the agency.

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