Court grants petitioners liberty to challenge jurisdiction at preliminary stage, emphasizing importance of early jurisdictional issue resolution.

The Court allowed the application for exemption, granting the petitioners the liberty to challenge jurisdiction before the adjudicating authority at the preliminary stage. The impugned order, a show cause notice from 2003, was subject to challenge, with all rights and contentions, including delay and laches, open for both parties. The Court emphasized the importance of addressing the jurisdictional issue early in the proceedings.

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Issues Involved:
Challenge to notice under Section 51 of FERA 1973 based on exclusion from criminal proceedings.

Analysis:
The petition challenges a notice issued under Section 51 of the Foreign Exchange Regulations Act, 1973 (FERA 1973). The petitioner's senior counsel argues that both criminal prosecution and adjudicatory proceedings are based on the accused being in charge and responsible for the company's business. The counsel highlights that the petitioners were excluded from the criminal proceedings on the same factual basis, contending that the notice under Section 51 of FERA 1973 lacks jurisdiction.

Upon review, the Court notes that the impugned order is merely a show cause notice from 2003. The Court decides that justice would be served by allowing the petitioners to challenge the jurisdiction at the preliminary stage before the adjudicating authority. The adjudicating authority is directed to address this preliminary issue, leaving all rights and contentions, including delay and laches, open for both parties.

In conclusion, the Court allows the application for exemption subject to exceptions and disposes of the present petition and application. The petitioners are granted liberty to raise the jurisdiction issue before the adjudicating authority, emphasizing the need to address this issue at the preliminary stage.

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