The Punjab and Haryana High Court on Monday issued notice of motion on a petition filed by the Directorate of Enforcement (ED) against Associated Journals Limited (AJL) challenging the closure of PMLA proceedings in a case related to former CM Bhupinder Singh Hooda and others.
The ED filed the criminal revision petition before the court against an April 3 order passed in the matter by the Special Judge under the Prevention of Money Laundering Act (PMLA) at Panchkula. Among other things, it was contended that the Special Court closed the PMLA proceedings on the basis of a discharge order dated February 25 passed by the High Court.
According to the petition, an FIR was registered on May 5, 2016, at Panchkula for cheating and other offences under Sections 409 and 420, IPC, along with provisions of the Prevention of Corruption Act, against senior HUDA officials, AJL office-bearers and others.
On the basis of the FIR, an Enforcement Case Information Report (ECIR) was recorded on July 15, 2016, against senior HUDA officials and office-bearers of AJL.
The petition added that the investigation was transferred to the CBI on December 22, 2018. The agency thereafter registered an “RC” for cheating and other offences, along with provisions of the Prevention of Corruption Act, against Hooda and others.
The ED said the Special Court failed to consider submissions made on its behalf that the CBI was in the process of challenging the discharge order passed by the High Court and that the PMLA proceedings ought to have been kept pending awaiting a decision of the Supreme Court.
The petition asserted that though the submission stood recorded in the impugned order, the Special Court failed to return any finding of its own on the issue.
It was further added that the CBI had already challenged the High Court judgment dated February 25 before the Supreme Court by filing a special leave petition (SLP), wherein notice had been issued by the court. Taking up the matter, the court fixed July 8 as the next date of hearing.
