9911796707
TMI Blog2021 (4) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... fairness ought to be returned to the public body i.e., JKCA. The petitioner, in addition, is faced with an order of dismissal of an identical writ petition and as such, has to overcome all the findings returned and the reasoning recorded by the writ court therein before establishing a prima facie case and balance of convenience in his favour for the grant of interim order or to be successful in this petition - the respondents are directed to file their counter affidavit to this petition within a period of three weeks, one week thereafter is allowed to the petitioner to file rejoinder affidavit. List for admission/ final disposal on 11th May, 2021 along with LPA No. 293/2019 which shall also be considered finally on the said date. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heeted six persons including the petitioner and the then Treasurer, JKCA, for causing wrongful loss to the JKCA to the tune of ₹ 43.69 crores. It is in this background that proceedings for provisional attachment of the properties of the petitioner have been initiated under Section 5(1) of the Prevention of Money Laundering Act (PMLA). An order of provisional attachment has been passed on 18.12.2020 and a notice under Section 8 of the PMLA dated 05.02.2021 has been issued to the petitioner under Section 8(1) of the PMLA to show cause as to why the properties provisionally attached should not be declared to be properties involved in money laundering and confiscated by the Government. 4. A complaint has also been filed on 15.01.2021 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the petition on merits as he intends to press for the grant of interim protection. 7. Heard Sh. Sidharth Luthra, Senior Counsel, assisted by Shri Singh and Sh. Tushar Mehta, Solicitor General of India, assisted by Mr. Zoheb Hossain, Advocate through video conferencing. 8. Sh. Luthra, after taking us to the various provisions of the PMLA submitted that the petitioner can only be proceeded under the PMLA in connection with the scheduled offence as per the Schedule-A of the Act. The offences under Sections 406 and 409 of RPC are not the scheduled offences and merely for an offence under Section 120-B RPC, the petitioner is not liable to be proceeded with under the PMLA. Moreover, the Schedule enlists the offence of criminal conspiracy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le of India, it is applicable to the Jammu Kashmir also and the reference to Section 120-B in the Schedule to the said Act refers to Section 122-B of RPC as they are corresponding and pari materia. The subsequent addition of Section 2(ia) of the PMLA defining corresponding law to mean law of any foreign country in no way obliterates the provision of Section 2(2) of the Act. He further submits that the Competent Authority has recorded reasons to believe in passing the provisional order of attachment which are implicit from the plain reading of the order as a whole. The investigation clearly disclose that the petitioner has committed an offence of money laundering within the meaning of Section 3 of the PMLA and that he is one of the benef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition and as such, has to overcome all the findings returned and the reasoning recorded by the writ court therein before establishing a prima facie case and balance of convenience in his favour for the grant of interim order or to be successful in this petition. In the light of the dismissal of the earlier writ petition against which LPA is pending but without any interim protection, it is all the more reason for us not to pass any interim order at this stage. 14. Accordingly, we direct the respondents to file their counter affidavit to this petition within a period of three weeks, one week thereafter is allowed to the petitioner to file rejoinder affidavit. 15. List for admission/ final disposal on 11th May, 2021 along with LPA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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