PMLA Appellate directs ED to maintain status quo regarding possession of property linked to former Judge Case

New Delhi [India], September 25 (ANI): The PMLA Appellate Tribunal has directed the Enforcement Directorate (ED) to maintain the status quo regarding the possession of property in a case involving former judge, who is accused of money laundering and bribery.

The Tribunal, led by G.C. Mishra and Rajesh Malhotra, in an order passed recently restrained the ED from taking possession of Tomar’s property and directed both parties to maintain the status quo and restrained the ED from taking possession of the property.

In view of the fact and circumstances and being the urgent matter, both the parities are hereby directed to maintain the status quo, qua the aforesaid property with regard to ownership and possession, as there are no exceptional circumstances for evicting the applicant/appellant, till further order, said the Tribunal.

Rohit Kumar Tomar, co-accused in the case, had challenged an eviction notice issued by the ED under Section 8(4) of the Prevention of Money Laundering Act (PMLA), which required him to vacate the property within 10 days.

His lawyer, Adv. Ayush Jindal, argued that the notice was issued without justification or the application of mind, citing Supreme Court precedents. Advocate Ayush Jindal, argued that the possession notice was issued over seven months after the Adjudicating Authority had confirmed the attachment of the property. Jindal cited several key judgments, including Vijay Madanlal Choudhary v. Union of India and Union of India & Anr. v. M/s Ganpati Dealcon Pvt. Ltd., and argued that the ED had failed to justify exceptional circumstances for the confiscation and had not provided sufficient reasons for the notice.

The underlying case involves assets linked to Sudhir Parmar, a former judge facing corruption charges, with properties attached under PMLA provisions.

In January this year, the adjudicating authority under the Prevention of Money Laundering Act (PMLA) confirmed the attachment of assets, which were held in the names of relatives and associates of Sudhir Parmar. Parmar, a former special judge who handled cases for both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), faces corruption charges.

Rohit Singh Tomar, one of the co-accused, later contested the ED’s notice to take possession of property linked to this case, leading to the PMLA Appellate Tribunal’s directive to maintain the status quo on the property.