Former Jet Airways Chairman Naresh Goyal and his wife Anita can now breathe a sigh of relief as the Bombay High Court invalidated the Enforcement Directorate’s (ED) ECIR against them. The order was made in response to a petition filed by the two justices asking for the ECIR against them under the Prevention of Money Laundering Act to be quashed. The petition was filed by Justices Revati Mohite Dere and Prithviraj Chavan (PMLA).
FACTS OF THE CASE :
The petitioners’ senior attorneys, Ravi Kadam and Aabad Ponda, argued that there was no predicate offence, as necessary, for the ED to examine the ECIR. The police claimed they filed a “C” Summary Report in response to the complaint made to the MRA Marg Police Station in Mumbai.
The attorneys further argued that even the protest petition filed by ED was denied, and both the High Court and the Supreme Court upheld the order. They said that the ECIR would therefore need to be overturned.
In order to argue for the dismissal of the PMLA case, the attorneys cited the Supreme Court rulings in Parvathi Kollur & Anr. vs. State by Directorate of Enforcement and Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors.
Shreeram Shirsaat, the attorney for ED, stated on Thursday that there was nothing more to dispute about given the judgement.
Yet he added that it might not be remembered as his speech and that the court might issue the proper orders.
JUDGEMENT :
The bench ruled on Thursday that the petition was acceptable under prayer clause (a).
The order was made in response to a petition filed by the two justices asking for the ECIR against them under the Prevention of Money Laundering Act to be quashed. The petition was filed by Justices Revati Mohite Dere and Prithviraj Chavan (PMLA).
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JUDGEMENT REVIEW BY SREYA MARY.
