Read Time: 06 minutes

Synopsis

The Delhi High Court on Friday issued notice in the plea filed by the Directorate of Enforcement (ED) seeking directions to vacate the interim order asking ED not to take "any coercive action" against PPK NewsClick Studio Private Limited, which owns a news portal NewsClick and its founder and editor-in-chief Prabir Purkayastha, in connection with a money laundering case. 

Justice Saurabh Banerjee issued notice to NewsClick and Purkayastha in the plea and sought their response on the plea within two weeks.

"As the ED has now unearthed additional documents which reveal the commission of the offence of money laundering as well as commission of the scheduled offences by the petitioner. Prima facie, in the opinion of the court the above contentions raised by the ED have merit and require deliberation. In view thereof, issue notice", the court ordered.

The Judge noted, "This is a miscellaneous application filed by the ED seeking vacation of the orders dated 21.06.2021 and 29.07.2021, whereby a direction to the effect that no coercive steps against the petitioner be passed, was passed by this court....the stay of the orders is sought primarily on the ground that the present representation seeking quashing of the ECIR, which is an internal document and not a statutory document and in thus, is per se not maintainable". 

ED has moved a fresh plea in a pending petition filed by NewsClick and Purkayastha in 2021 seeking a copy of the ECIR registered by the probe agency in September 2020. 

During the hearing, Special Public Prosecutor Zoheb Hossain, on behalf of ED contended that this is a case with a huge criminal conspiracy to bring in unaccounted money from abroad. 

The matter will be next heard on September 6, 2023.

The agency has claimed that during the investigation, additional material has been revealed which discloses the commission of the offence of money laundering. 

"In light of further investigation in the matter, additional material has been revealed which discloses the commission of the offence of money laundering as well as commission of scheduled offence which has been intimated to the predicate agency as well, by way of an appropriate communication u/s 66(2) of the PMLA as well. The relevant facts will be produced in a sealed cover before this Hon'ble Court during the course of hearing as it is a subject matter of ongoing investigation", the plea read. 

ED in its plea has stated that the plea in which interim orders of stay were passed was premature and not maintainable.

"It has been held repeatedly by the Courts including the Supreme Court that at the stage of summons, a person cannot even qualify as a person aggrieved and therefore, the Writ Petitions would not be maintainable being wholly premature", it stated.

Case Title: M.S PPK NewsClick Studio Pvt. Ltd. & Anr. v. Union of India & Anr.