2016 (5) TMI 1633

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....ation, the writ petitioners are seeking stay of the provisional attachment order dated 23.03.2016 passed against the petitioners under Section 5(1) of the Prevention of Money Laundering Act, 2002 (for short 'PMLA') and all other proceedings in Enforcement Case No. ECIR/HQ/02/HIU/2015 initiated against the petitioners. 2. We have heard Shri Kapil Sibal, the learned senior counsel appearing for the applicants/writ petitioners and Shri Sanjay Jain, learned ASG appearing for the Respondents. 3. Petitioner No. 1 is the wife of Petitioner No. 2. On 23.09.2015, FIR No. RC AC-1 2015 A-0004 was registered against the petitioners and two others under Section 13(2) read with Section 13(1)(e) of Prevention of Corruptio....

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....s, renders otiose the guiding principles enshrined in the first proviso and thus it is ultra vires Article 14 of the Constitution of India. On facts, it was contended that the impugned attachment of the assets of the petitioners therein is unjustified and unwarranted since they are not even named in the FIR dated 23.09.2015. This court by order dated 26.04.2016 stayed all further proceedings pursuant to the impugned order of provisional attachment so far as the petitioners therein are concerned. However, it was made clear that the impugned attachment would continue. The main petition is still pending and stands posted to 18.07.2016 for hearing. 7. Claiming parity with the petitioners in W.P.(C) No. 3008/2016, it is vehemently conten....