2023 (7) TMI 1299

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ioners to this effect is rejected. The petitioners have further sought quashing of orders Annexures P-18, P-20 and P-21 whereby they were remanded to custody of the respondent No.2 and then to judicial custody and have further prayed for their release by way of granting them interim bail - Arguments on this point have been heard. Order on these point stands reserved.
Hon'ble Ms. Justice Ritu Bahri Hon'ble Mrs. Justice Manisha Batra For the petitioner : Mr. R.S. Rai, Senior Advocate, Mr. Vikram Chaudhri, Senior Advocate, with Mr. Kunal Dawar, Mr. Vipul Sharma, Ms. Rubina Virmani, Ms. Shruti Mandhotra, Mr. Mayank Aggarwal, Ms. Hargun Sandhu and Mr. Keshvam Chaudhri, Advocates for the petitioner. For the Respondent : Mr. S.V. Raj .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o far as the challenge to vires of Section 19 (1) of the PMLA is concerned, a preliminary objection has been taken by Mr. S.V. Raju, Additional Solicitor General of India that the vires of this section has already been upheld by Hon'ble Supreme Court in Vijay Madanlal Choudhary and others v. Union of India and others, 2022 SCC OnLine SC 929. He has, therefore, submitted that the relief claimed by the petitioner challenging vires of this section is, therefore, liable to be dismissed. Learned counsel for the petitioners has, however, submitted that a review petition against the aforementioned judgment is pending consideration before Hon'ble Supreme Court. We have gone through the judgment pronounced in Vijay Madanlal Choudhary's case (Supra .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s referred to authorities cited as Y.Balaji v. Karthik Desari, 2023 SCC OnLine SC 645; Laxminarayan Aggarwal v. Union of India and others, Writ petition (Criminal) No.238 of 2023 decided on 31.05.2023 & Vijay Bhatia v. Union of India and others, W.P. (Crl.) No.251 of 2023 decided on 31.05.2023, which are recent pronouncements of Hon'ble Supreme Court and wherein the Hon'ble Supreme Court has observed that a new trend has been developed to file writ petitions under Article 32 of Constitution of India again challenging the constitutional validity of provisions of the PMLA and also seeking consequential reliefs. It was held that the precedential value of Vijay Madanlal Choudhary's case (Supra) will not be destroyed or diminished only because a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X