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2023 (9) TMI 1101 - HC - Money LaunderingProvisional order of attachment - seeking to quash the complaint lodged under Section 5 (5) of PMLA Act - Misappropriation of public money - Reasons to believe - HELD THAT:- In the instant case, an attempt has been made on behalf of the petitioners to submit that there were no materials which can form reasons to believe and in absence of such conditions precedent, the authorities do not assume the jurisdiction to proceed. However, a perusal of the materials would show that the impugned action is preceded by a subjective satisfaction arrived at by the competent authority based upon information received regarding commission of an offence. Running of the University without any authority, grant of degrees which appeared to be fake, withdrawal of endowment fund and closure of such account are few of the relevant factors which were available before the authorities to come to such satisfaction. This Court is of the view that the reliefs prayed for appear to be pre-emptive in nature whereby proceedings under the Act, which are yet to reach a final stage, has been sought to be interfered with. Under those circumstances, this Court is of the opinion that the burden on the part of the petitioners would be on a higher pedestal to make out a case that the proceedings under the Act as well as the provisional attachment order are prima facie bad in law. Such prima facie projection would necessarily require the party to show that either there is a jurisdictional error in the proceedings or that there is blatant violation of the provisions of the Act. This Court in exercise of the extra ordinary powers under Article 226 of the Constitution of India has to confine its scrutiny only to the decision making process. This Court is of the view that when the challenge to the action of the respondent authority in declaring the degrees awarded by the petitioner- University was negated, there may not remain much scope for the petitioners to make out a case for assailing the PMLA proceedings, the edifice of which is the action of grant of fake degrees by the petitioner-University. This Court is of the view that when the challenge to the action of the respondent authority in declaring the degrees awarded by the petitioner- University was negated, there may not remain much scope for the petitioners to make out a case for assailing the PMLA proceedings, the edifice of which is the action of grant of fake degrees by the petitioner-University. What intrigues this Court is that the RTI reply is given by the petitioner- University whose entire action is under cloud and is rather, part of criminal cases with allegations of huge misappropriation of public money leading to registration of PMLA proceedings - A writ court in exercise of powers under Article 226 of the Constitution of India cannot embark upon a matter involving disputed questions of fact and in this case, almost all the factual issues are disputed in nature. This Court is of the opinion that no case for interference, at this stage, has been able to be made out in these two writ petitions - Petition dismissed.
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