Delhi HC Permit Mehbooba Mufti to Withdrew Plea Challenging Constitutionality Section 50 of PMLA


Sakina Tashrifwala

Published on: 01 December 2022 at 19:49 IST

The Delhi High Court permitted the withdrawal of Mehbooba Mufti’s petition challenging the constitutionality of the Prevention of Money Laundering Act (PMLA). The Court let Mehbooba Mufti, the former Chief Minister of Jammu and Kashmir, to withdraw her complaint.

After taking note of Mufti’s lawyer’s declaration that the client had requested to drop the current appeal, the Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad permitted the withdrawal of the plea. Mufti made the request in March 2021.

Previously, the Delhi High Court had declined to order the ED notice against Mehbooba Mufti to be stayed. Mehbooba Mufti must appear before the agency, according to the Union of India and Solicitor General Tushar Mehta, who appeared on behalf of the ED.

Mufti had also contested the constitutionality of Section 50 and any ancillary provisions of the Prevention of Money Laundering Act, 2002 (“PMLA”), in addition to the notice given to her.

Mehbooba Mufti tweeted earlier, “GOI’s methods to intimidate & browbeat political opponents to force them to their line has become tediously predictable,” following receipt of the notice. They don’t want us to bring up concerns about its harsh measures and rules. Such naive planning won’t succeed.

According to Section 50 of the PMLA, any individual may be summoned to provide testimony or provide documents by the “authority,” which are officers of the Enforcement Directorate. All people who have been summoned are obligated to respond to inquiries and provide the papers requested by the ED officials; otherwise, they risk PMLA penalties.

A petitioner Former Jammu and Kashmir Chief Minister Mehbooba Mufti is the leader of the Jammu and Kashmir People’s Democratic Party.

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