PMLA Case: Delhi HC refuses to stay summons issued to Mufti by the ED

Sushree Mohanty

The Delhi High Court has dismissed a request to pass a stay order on the summons issued to Former Jammu and Kashmir Chief Minister Mehbooba Mufti by the Enforcement Directorate in a tax evasion case.

The division bench comprising Chief Justice DN Patel and Justice Jasmeet Singh stated that the court will not allow any alleviation to the Peoples Democratic Party leader.

Additionally, the court requested the Directorate to document a short note of the summary of the submissions made so far, alongside the compilation of verdicts depended upon by the judges and posted the matter for further hearing.

Solicitor General Tushar Mehta, appearing on behalf of the Enforcement Directorate, stated that Mufti must appear personally before the authorities.

The Directorate had prior submitted a summon order on Ms Mufti for March 15, however, a new order has not been submitted yet.

Senior Advocate Nitya Ramakrishnan, representing Ms Mufti in the matter, requested the court to direct the Directorate to not issue any personal appearance summons on Mufti, as was done earlier.

Responding to the request, the judges said that, “We will not be granting any stay. We will not allow any relief.”

Mufti, in her request, has looked for subduing the order issued by the Enforcement Directorate in an illegal tax avoidance case.

She has additionally sought for directions to pronounce Section 50 of the Prevention of Money Laundering Act (PMLA) as void and unlawful, being unreasonably prejudicial, deprived of protection, and in violation of Article 20(3) of the Constitution.

Further, she requested the court to pass a stay order on the summons until the subject of law corresponding to constitutional validity of Section 50 of the Act is decided upon.

Read also: Delhi HC stays summons order issued against Mehbooba Mufti by the Enforcement Directorate