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Monday, September 27, 2021

Centre to Delhi HC: Will seek transfer of Mehbooba Mufti’s petition to apex court

The division bench of Chief Justice D N Patel and Justice Jyoti Singh adjourned to September 30 the hearing of Mufti's petition after Solicitor General Tushar Mehta made the submission.

By: Express News Service | New Delhi |
Updated: September 15, 2021 4:45:51 am
Mehbooba Mufti (Express Photo: Anil Sharma/File)

THE CENTRE on Tuesday told Delhi High Court that that the challenge to various provisions of the Prevention of Money Laundering Act, 2002, is pending before Supreme Court, and it will seek transfer of former J&K chief minister and PDP chief Mehbooba Mufti’s petition to the apex court in view of the similarity in litigation.

The division bench of Chief Justice D N Patel and Justice Jyoti Singh adjourned to September 30 the hearing of Mufti’s petition after Solicitor General Tushar Mehta made the submission.

Mehta told the court that the matter related to PMLA before the Supreme Court has been assigned to a special bench, and one of the questions there is regarding Section 50 of the Act. “Your lordships may record my statement that I intend to move a transfer petition,” Mehta told the court.

Mufti, who in her petition had challenged summons issued to her by ED, has also laid challenge to Section 50 of PMLA and contended that the provision violates protection against self-incrimination. The provision needs to be revisited in light of a verdict passed by Supreme Court last year, she has said.

She has said that Section 50 of PMLA empowers ED officers to summon any person to give evidence or produce records, and all those summoned are bound to answer questions put to them, and to produce the documents.

“Further, Section 66 of PMLA provides that information (therefore, also a compelled statement under Section 50) shall be shared with other agencies,” the petition states. “Therefore, such a compelled statement may be used for offences under other laws as it is treated as ‘evidence’, thus effectively countering the protection against self-incrimination available as part of procedures under those laws besides being used in a PMLA prosecution.”

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