LI NETWORK
Punjab and Haryana High Court division bench of Justice Daya Chaudhary and Justice Meenakshi I Mehta has set aside PMLA Appellate Tribunal order.
PMLA in its order directed Enforcement Directorate to de-seal a property of former Haryana CM Om Prakash Singh Chautala.
Punjab and Haryana High Court division bench of Justice Daya Chaudhary and Justice Meenakshi I Mehta held that, “In spite of the specific directions passed by this court, still stereotype order has been passed, which is not in accordance with the provisions of the PMLA and Rules 2013”.
High Court said, “The parties were directed to appear before the Appellate Tribunal through their counsel on 18.11.2020 but without going through the relevant record and without giving any opportunity, the application was decided on 18.11.2020 itself”.
“Though the relevant provisions of PMLA and Rules 2013 have been quoted yet there is no appreciation of the same. Meaning thereby, impugned order dated 18.11.2020 is totally against the provisions of the PMLA and Rules, 2013. The Tribunal has adjourned the main appeal for 21.01.2021 but the application for interim relief has been decided/allowed by discussing the merits of the main case”.
Enforcement Directorate (ED) challenged Appellate Tribunal Prevention and Money Laundering Act, New Delhi order in the Punjab and Haryana High Court stating that the order to de-seal the proceeds of crime and hand over the same to the money launderer for use is against the statutory provisions, aims and objectives of PMLA.