Seven accused in the Adarsh case who got bail recently filed an application in the Bombay High Court on Tuesday against a public interest litigants demand that the Prevention of Money Laundering Act (PMLA),2002 be invoked in the case.
Applicants R C Thakur,Pradeep Vyas,Major General (Retd) T K Kaul,Arigapudi Kumar,Kanhaiyalal Gidwani,Brigadier (Retd) M M Wanchoo and Jairaj Phatak,arrested by the Central Bureau of Investigation (CBI),which is probing the case,have filed the plea in response to a PIL by activist Pravin Wategaonkar,demanding invocation of the PMLA.
Wategaonkar has also demanded that the investigations be supervised by the High Court.
The applicants have pointed out that allotment of the plot of land in Cuffe Parade and registration of the society had taken place before July 1,2005,when the amended act was brought into force. They contend that their properties cannot be attached by the investigating agency for offences alleged to have taken before that date.
The accused further pointed out that a section in the amended act of 2005 lays down that a special court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by the director of the investigating agency,or any officer of the central or state government authorized in writing in this behalf by a general or a special order made in this behalf by that government.
They also questioned whether a private person can move the High Court for prosecution of a person under the Income Tax Act,1961,and claimed that the petitioner is pursuing the PIL for publicity.
In their plea,the accused stated that the High Court should not pass any order in the PIL without giving them a hearing. The case will come up for hearing before a Division Bench of Justices S A Bobde and Mridula Bhatkar on Monday.