In a major relief to Rangnath Mishra, who was a cabinet minister in the BSP government, in a money laundering case, the Allahabad High Court has stayed any coercive action, including attachment of properties, by the Enforcement Directorate till the disposal of the interim relief application on the appeal pending in the tribunal.
The Division Bench of Justice Arvind Kumar Mishra-I and Justice Jayant Banerji passed this order while hearing a Criminal Misc Writ Petition filed by Rangnath Mishra And Another.
By means of the writ petition, the petitioners seek to challenge the order dated December 13, 2021, passed by the respondents in Original Complaint, under the provisions of Section 8(3) of the Prevention of Money Laundering Act, 2002 and the consequential notices for eviction dated December 22, 2021 issued by the Directorate Enforcement, Ministry Of Finance, Government Of India.
The contention of the counsel for the petitioners is that the Appellate Tribunal, constituted under Section 25 of the Act, is not functioning. It is contented that the validity of the provisional attachment order as prescribed under sub section (1) of Section 5 of the Act, is a period of 180 days, and, in view of the provision of sub section (3) of Section 5, the period has already come to an end, whereafter the impugned order under sub section (3) of Section 8 was passed.
It is further contended that in respect of the scheduled offence, the concerned court has already acquitted Rangnath Mishra and the judgment passed by the Special Court in (MP/MLA) Allahabad.
Also Read: Allahabad High Court grants bail to man accused of kidnapping minor girls
The counsel for the petitioners said that two appeals against the orders impugned have already been filed before the Appellate Tribunal. The counsel further said that in view of the non-functioning of the appellate tribunal, no orders are being passed in any of the appeals, at present.
“The aforesaid fact, to the effect that the appellate tribunal is not functioning, has not been disputed by the counsel for the respondents. Additionally, the counsel for the petitioners has referred to certain orders passed by the Delhi High Court in respect of other appeals pending before the Appellate Tribunal in which directions have been issued to maintain status quo,”
-the Court noted.
Also Read: Madhya Pradesh High Court orders employer within rights to keep account of past conduct of employee
“Accordingly, with the consent of counsel for the parties, the writ petition is being disposed of, with the direction that the Directorate Enforcement, Ministry Of Finance, Government Of India is restrained from taking any coercive steps in furtherance of the impugned notices for eviction mentioned above till the petitioners’ appeals and stay applications are taken up for consideration by the Tribunal, as and when it becomes functional,”
-the Court ordered.
The Court directed the parties to maintain status quo with regard to the subject matter of the attachment orders mentioned above till the petitioner’s appeals and stay applications are taken up for consideration by the Tribunal.
“Till the disposal of the aforesaid appeals, the petitioners shall also not create any third party rights or create any lease/tenancy or any encumbrance in the subject properties, which form the subject matter of the attachment orders concerned,”
-the order reads.