Centre To Seek Transfer Of Mehbooba Mufti's Plea Challenging Vires Of PMLA Before Delhi High Court To Supreme Court

The Central Government today informed the Delhi High Court that intends to seek transfer of the plea filed by former Chief Minister of Jammu & Kashmir, Mehbooba Mufti, challenging the vires of the Prevention of Money Laundering Act, 2002 (PMLA), to the Supreme Court.

Solicitor General Tushar Mehta informed the Bench led by Chief Justice DN Patel that a similar matter is already pending before the Supreme Court and therefore, to avoid "multiplicity of proceedings" the Government will file an application seeking transfer of Mufti's plea.

"One of the issues is related to legality of Section 50 (Powers of authorities regarding summons, etc.) of PMLA . It is assigned to a special bench headed by Justice Khanwilkar. We want to avoid duplication," the SG said.

ASG SV Raju also submitted that in view of the judgment in DK Trivedi & Sons & Ors. v. State Of Gujarat & Ors., when a matter is pending before Supreme Court, the High Court has to "lay its hands off".

SG Mehta insisted that if one High Court entertains a petition which is already pending before the Supreme Court, various accused will move the High Court and seek interim orders.

Accordingly, the matter has been adjourned to September 30.

Case Title: Mehbooba Mufti v. Union of India & Ors.