ASHOK SUNDERLAL DAGA Vs. UNION OF INDIA

JUDGEMENT

(1.) By these petitions, petitioners more or less identically placed question application of provisions of Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the 2002 Act" for short), to them and pray for quashing and setting aside of Enforcement Case Information Report with different numbers registered by respondent no.2 Directorate of Enforcement against them, along with enquiry/investigation therein. They also pray for awarding them the compensation for wrongfully resorting to the 2002 Act.

(2.) Though in each matter an order of attachment under Section 8[5] of the 2002 Act has been passed and that is the cause of action for approaching this Court, challenge thereto is pending before the Appellate Authority.

(3.) Union of India along with Directorate of Enforcement and its Assistant Director have raised a preliminary objection. They invite attention to judgment dated 13.07.2017, delivered by the Hon'ble Supreme Court in Criminal Appeal No. 1137/2017, Girish Kumar Suneja v. C.B.I. , and submit that this Court cannot take cognizance, as such controversies are to be looked into by a Special Court constituted for that purpose at Delhi by the Hon'ble Supreme Court. They submit that the Hon'ble Supreme Court has restrained any other Court in India, including any High Court from taking cognizance. They point out that hence, the interim protection given to petitioners by this Court is unwarranted and the same needs to be withdrawn immediately. They also pray for dismissal of Writ Petitions for want of jurisdiction.