HP CM's plea for stay on PMLA proceedings premature: ED to HC

Enforcement Directorate (ED) today termed in the Delhi High Court as "premature" the plea filed by Himachal Pradesh Chief Minister Virbhadra Singh and others seeking quashing of the money laundering proceedings initiated by the agency against them.
ED, in its submission before Justice Pratibha Rani, said the plea seeking stay on the proceedings against them was also "not maintainable" as the inquiry into the matter was at an preliminary stage.
"The present writ petition is not maintainable, firstly, for the reason that special court has till date not taken cognizance of the offence alleged against the petitioner and this Court will not exercise the extra ordinary jurisdiction when investigation is still at an early stage," the affidavit, filed through ED's counsel Amit Mahajan, said.

The affidavit also said the petition was not maintainable "for the reason that the petitioner cannot be allowed to file two writ petitions asking for the same relief as it will lead to multiplicity of proceedings."
"In the above said circumstances, it is humbly prayed that this court (HC) may be pleased to dismiss the above writ petition filed by the petitioners as it lacks bonafides and devoid of all merits and thus render justice," it said.
Senior advocate Kapil Sibal, appearing for Singh, said he will file rejoinder to the counter affidavit filed by ED.

The court has fixed the matter for further hearing on July 29.

The high court had on March 16 refused to grant any interim stay on the proceedings initiated against Virbhadra and others.
ED's affidavit came in the backdrop of the court's notice asking it to file its response 31 on Virbhadra's plea seeking stay on the proceedings and quashing of the money laundering case against him.
ED had last year registered a money laundering case against Virbhadra and others under Prevention of Money Laundering Act (PMLA) after taking cognisance of a criminal complaint filed by CBI in this regard.
CBI had lodged a separate disproportionate assets(DA) case against Virbhadra and others alleging that Singh and his family members had amassed wealth of Rs 6.1 crore between 2009-11, disproportionate to known sources of his income, while serving as Union Minister of Steel.

Earlier, the agency had moved the high court seeking vacation of the Himachal Pradesh High Court's interim order restraining the agency from arresting, interrogating or filing a charge sheet against Singh who has been issued notice on the same.
ED had moved the Supreme Court seeking the vacation but the apex court transferred the plea to the Delhi HC.