Justice ML Mehta issued notice to the Centre and the ED and directed them to file their replies and listed the matter for further hearing.
The Delhi High Court on Wednesday sought response from the Centre on a plea of Nihar Construction Pvt Ltd, connected with 2G case accused Shahid Balwa, challenging ED's order to attach its properties in connection with the alleged bribe of Rs200 crore paid to Kalaignar TV.
A bench of Justice ML Mehta issued notice to the Centre and the ED and directed them to file their replies and listed the matter for further hearing on March 27.
"Declaring all the actions of the Respondents (ED) including the lodging of the ECIR (Enforcement Case Information Report) dated March 9, 2010 and the attachment order dated August 30, 2011 and consequent actions taken pursuant thereto as unconstitutional,illegal and void ab initio," the construction firm said in its petition.
The petitioner further said that alleged offence was not an offence on the date of the alleged commission of the offence.
"The registering of the criminal case under the Prevention of Money Laundering Act (PMLA) for an offence which was not a scheduled offence on the date of the alleged commission of the said offence will be hit by the constitutional bar," the petition said.
The ED had, on March 9, 2010, based on the charge sheet in the 2G spectrum allocation scam, ordered attachment of the properties of five companies including Nihar Constructions.
The competent authority under the Prevention of Money Laundering Act (PMLA) approved the ED order for attachment after hearing the arguments of all the parties.
The value of properties attached of these companies are Dynamix Realty (Rs134 crore), Conwood Construction and Developers (Rs22 crore), Nihar Constructions (Rs1.10 crore), DB Realty (Rs52 crore) and Eversmile Construction Company (Rs13 crore).
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