CMJ UNIVERSITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The extra-ordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India is being sought to be invoked by means of these petitions which have been filed against certain actions by the Enforcement Directorate in exercise of powers under Sec. 5 of the Prevention of Money Laundering Act, 2002 (hereafter referred to as the Act).

(2.) In the first writ petition, WP(C)/3665/2017, there are four numbers of petitioners with the CMJ University and the CMJ Foundation as the petitioner nos. 1 and 2. The challenge in this petition is against a provisional attachment order dtd. 25/4/2017 issued under Sec. 5 (1) of the PMLA. In the prayer portion, apart from a prayer for setting aside the aforesaid order dt. 25/4/2017, it has also been prayed for quashing the complaint lodged under Sec. 5 (5) of the Act.

(3.) In the second writ petition, there are 15 numbers of petitioners which includes the 4 petitioners in the earlier case. The challenge in this petition is with regard to the provisional attachment order dtd. 30/1/2011 issued under Sec. 5 (1) of the PMLA relating to ECIR No. 02/GWZO/PMLA/2014 dtd. 7/7/2014 and also against the original complaint No. OC 1591/2021. In this petition, while the petitioner nos. 1 and 2 are the CMJ University and the CMJ Foundation, the rest of the petitioners are either officers of the petitioner nos. 1 and 2 or are connected to the same.