HC seeks ED, CBI replies on Virbhadra plea for copy of PMLA

The Delhi High Court today sought responses of Enforcement Directorate (ED) and CBI on Himachal Pradesh Chief Minister Virbhadra Singh's plea to supply him authenticated copy of the money laundering case registered against him.
ED has filed a case against Singh under Prevention of Money Laundering Act (PMLA).
Justice Ashutosh Kumar issued notice to both agencies and asked them to file their replies before January 4 next year.
Singh in his plea has also sought a direction to CBI to provide him all the documents seized by the agency when it had raided his residence and office.
On September 26 this year, CBI had carried out raids at 11 places including Singh's residences in Delhi and Himachal, on a day when his daughter was getting married.

He has also prayed that ED should be restrained from taking any action against him for "non-compliance" of summons issued to him on November 16 to appear before it.

Probing money laundering charges against him, ED sent a notice to Singh seeking his presence for questioning here.
On December 2 the high court had sought CBI's reply on Himachal Chief Minister's plea seeking quashing of FIR lodged against him in a disproportionate assets case.
On November 5, the Supreme Court had transfered the plea of Singh from the Himachal Pradesh High Court to the Delhi High Court (HC), saying it was not expressing any opinion on the merits of the case but "simply" transferring the petition "in the interest of justice and to save the institution (judiciary) from any embarrassment".

CBI had moved the apex court seeking transfer of the case from the Himachal Pradesh HC to the Delhi HC and setting aside of the interim order granting protection from arrest and other reliefs to Singh.
The chief minister had filed a petition in the high court of Himachal Pradesh pleading that the searches on his private residence and other premises were conducted with "malafide intentions and political vendetta" by the central investigating agency.
ED's lawyers also said that orders of the adjudicating
and appellate authority rejecting the petitioners plea to disclose reasons was appealable under the statute and there was no need for them to file writ petitions.

To this, the petitioners' lawyers contended that this line of argument showed reluctance on the part of ED to show the records to the court which indicates there was something wrong.
Apart from seeking the reasons for carrying out search and seizure, the petitioners have also sought quashing of proceedings against them under Prevention of Money Laundering Act (PMLA).
They have also alleged that the adjudicating authority and the appellate authority have been wrongly constituted.
Virbhadra and the others have in their petitions sought quashing of a April 19 order of the adjudicating authority and May 12 decision of the appellate tribunal dismissing their pleas to provide them with the "reasons to believe" which formed the basis for the search and seizure of documents.

Virbhadra, in his plea, has contended that "reasons for initiating the search are ex-facie illegal, arbitrary and liable to be quashed".
His petition also states that he was made a party in a plea by ED for retention of documents seized by it, "without forming any reason to believe and by mechanically issuing the notice".