BALWINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgement will govern the disposal of the three writ petitions. These writ petitions challenge the Show Cause Notice dated 31st of October, 2001, issued under Section 6 (1) read with Section 6 (2) of the Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976(hereinafter referred to as 'the SAFEMA'). By this notice, the Competent Authority under Section 15 of the Act has issued Show Cause Notice under Section 6(1) read with Section 6 (2) of the SAFEMA to the petitioners to indicate the sources of their income, earnings or assets out of which or by means of which the properties in question are said to be acquired.

(2.) The learned counsel for the petitioners has sought to challenge the aforesaid Show Cause Notice itself by way of filing a writ petition directly under Articles 226 & 227 of the Constitution of India rather than replying to the show cause notice.

(3.) The learned counsel for the petitioners in the writ petitions has categorized the following 7 reasons to challenge the show cause notice:-